Slepicka v. Illinois Department of Public Health
2014 IL 116927
| Ill. | 2014Background
- Slepicka, a resident of Holy Family Villa (Cook County), was served a notice of involuntary transfer or discharge for unpaid charges on Jan 24, 2012.
- An ALJ conducted a May 24, 2012 hearing at Holy Family Villa; the Department issued a final order approving the transfer unless owed sums were paid.
- Slepicka filed a circuit court administrative-review action in Sangamon County; Holy Family Villa moved to dismiss or transfer for improper venue under 735 ILCS 5/3-104.
- The circuit court denied the transfer/motion and upheld the Department’s final order; the appellate court later held Sangamon County was not a proper venue but left merits undecided.
- The Illinois Supreme Court (1) held Sangamon County was improper under 3-104’s venue test but (2) held improper venue did not deprive the circuit court of jurisdiction, and (3) remanded to review the decision on the merits in the proper forum considerations.
- The Court ultimately remanded to the Appellate Court to review the Department’s decision on the merits, affirming in part and vacating in part.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Sangamon County was proper venue under 3-104. | Slepicka argues Sangamon venue fits the hearing location. | Holy Family Villa argues Cook County is proper under 3-104. | Venue improper in Sangamon County. |
| Whether filing in improper venue deprives circuit court of jurisdiction. | Filing in Sangamon does not destroy jurisdiction; transfer allowed. | Improper venue deprives jurisdiction and requires dismissal/transfer. | Circuit court had jurisdiction; improper venue did not divest it. |
| Whether the appellate court’s remand to Cook County was proper. | Remand unnecessary; merits should be reviewed in Sangamon or Cook. | Transfer to Cook County is appropriate to review merits. | Remand to review merits in proper forum; not a need to transfer again. |
Key Cases Cited
- Merit Chevrolet, Inc. v. Department of Revenue, 33 Ill.2d 207 (1965) (venue transfer permitted; jurisdiction preserved when properly commenced)
- In re Marriage of King, 208 Ill.2d 332 (2003) (statutory interpretation; context governs meaning)
- Chicago Teachers Union, Local No. 1 v. Board of Education of the City of Chicago, 2012 IL 112566 (Ill. 2012) (statutory construction and context guidance)
- Land v. Board of Education of the City of Chicago, 202 Ill.2d 414 (2002) (avoidance of absurdities; contextual interpretation)
- Baltimore & Ohio R.R. Co. v. Mosele, 67 Ill.2d 321 (1977) (jurisdiction vs. venue distinction; venue procedural)
- Rodriguez v. Sheriff’s Merit Comm’n, 218 Ill.2d 342 (2006) (strict compliance with Administrative Review Law)