Agency loses bid to collect default order over mandatory countdown

Trial Notebook

By Steven P. Garmisa

Hoey & Farina

Posted February 12, 2018 1:29 PM

Relying on precedent that ruled a statutory deadline for administrative action by state officials was “merely directory,” Austin Gardens LLC argued that the 21-day countdown set by Section 2-14-108(a) of the Chicago Municipal Code for its motion to vacate a $6,040 default judgment in administrative proceedings was neither mandatory nor jurisdictional.The Illinois Appellate Court disagreed. Because Section 2-14-108(a) sets a countdown for private parties to act — rather than merely providing a procedural …

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