The Village of Lake in the Hills v. Niklaus
11 N.E.3d 26
| Ill. App. Ct. | 2014Background
- Village of Lake in the Hills uses division 2.1 administrative adjudication to enforce code violations, including 6.04(A) and 6.06.
- Dennis Niklaus was charged in 2012 and the hearing officer entered five orders fining him after hearings or defaults.
- The Village sought to enforce these orders in McHenry County circuit court by filing memoranda of judgment and later exemplified orders as petitions to enforce.
- The trial court dismissed enforcement, finding no clear statutory mechanism in 1-2.1-8 and that the orders were not certified or exemplified as judgments.
- The Village appealed, arguing that 1-2.1-8(b) allows enforcement in the circuit court in the same manner as a judgment.
- The appellate court held that enforcement is available and that the orders are enforceable as judgments in the circuit court of the municipality’s county.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether a hearing officer order under division 2.1 is enforceable in circuit court | Niklaus | Niklaus | Yes; enforcement permitted under 1-2.1-8(b). |
| What mechanism governs enforcement in circuit court | Village: treat as judgment and enforce like other judgments | Niklaus: statute silent on mechanism; no enforcement route | Hearing officer's order is enforceable as a judgment, enrollable in the circuit court; not limited to out-of-county procedures. |
Key Cases Cited
- First Capitol Mortgage Corp. v. Talandis Construction Corp., 63 Ill. 2d 128 (1976) (appellate review discretion when no brief)
- Raintree Homes, Inc. v. Village of Long Grove, 209 Ill. 2d 248 (2004) (plain language of statute governs; avoid superfluous reading)
- Edwards v. Addison Fire Protection District Firefighters’ Pension Fund, 2013 IL App (2d) 121262 (2013) (statutory interpretation and plain language guidance)
- Solon v. Midwest Medical Records Ass’n, 236 Ill. 2d 433 (2010) (avoid impermissible reading into statutes)
- People v. Marshall, 242 Ill. 2d 285 (2011) (statutory construction and legislative intent considerations)
- Gallaher v. Hasbrouk, 2013 IL App (1st) 122969 (2013) (statutory heading can aid interpretation)
- Ferris, Thompson, and Zweig, Ltd. v. Esposito, 2014 IL App (2d) 130129 (2014) (statutory interpretation framework)
- Lucas v. Prisoner Review Board, 2013 IL App (2d) 110698 (2013) (statutory construction; de novo review)
- Bianchi v. Savino Del Bene International Freight Forwarders, Inc., 329 Ill. App. 3d 908 (2002) (supplementary proceedings and enforcement concepts)