Where a party seeks administrative review of a decision and the act authorizing the decision does not either provide a method of review or expressly adopt the Administrative Review Law, the proper form of review is a common-law writ of certiorari before the circuit court.

The 5th District Appellate Court dismissed an appeal from a decision by Administrative Law Judge Stephen Yoder.

The city of Mascoutah filed a petition on Oct. 16, 2018, with the Illinois Commerce Commission (Commission), seeking authority to acquire eminent domain easements over two adjacent lots under Illinois Municipal Code (Code) section 11-117-1. One lot was owned by Roy A. Waller and Mary Ann Waller (the Wallers), and the other was owned by two trusts, the Roy A. Waller Trust and the Mary Ann Waller Trust (Waller Real Estate), to whom the Wallers were, respectively, trustees and beneficiaries. The Commission held a hearing before an administrative law judge where evidence was presented and argument heard.

On Sept. 23, 2020, the Commission entered its order, finding that the acquisition of the easement for the purpose of connecting the city’s electrical utilities to the Ameren Illinois Corporation was not an acquisition in the public interest, and so denied the petition for eminent domain authority. The city filed for a rehearing but was denied. The city moved for administrative review and also filed complaints both in the St. Clair County Circuit Court and the 5th District Appellate court “out of an abundance of caution.” The city noted that this case presents an area of jurisdictional first impression as to the proper review of the order of the Commission under section 11-117-1(2) of the Code.

On appeal, the Commission argued that the appellate court had proper jurisdiction. The appellate court considered the jurisdictional issue. Illinois courts do not have general jurisdiction over administrative decisions, but instead have jurisdiction as provided by the individual statutes authorizing the administrative decisions. Some statutes provide appeal “in accordance with the Administrative Review Law,” which provides initial review in the circuit courts, while others specify a different process of review. Section 11-117-1 of the Code does not address review of the decision. The Commission argued that the appellate court had jurisdiction under the Public Utilities Act, but the appellate court noted that municipalities are explicitly prohibited from bringing a petition as a public utility pursuant to that statute.

The appellate court acknowledged that the committee statements relating to Illinois Supreme Court Rule 335 state that decisions of the Commission may be appealed directly to the appellate court, but emphasized that the decisions of the Illinois Supreme Court holding otherwise control over statements by the committee instead. The appellate court concluded that in that in the absence of a form of review expressed in statute or the act conferring power expressly adopting the Administrative Review Law, the proper form of review is a common-law writ of certiorari in the circuit court, which is generally available to review administrative actions.

The appellate court therefore dismissed the petition for lack of jurisdiction.

City of Mascoutah v. The Illinois Commerce Commission, Roy A. Waller, et al.
2021 IL App (5th) 200386
Writing for the court: Justice James R. Moore
Concurring: Justices Thomas M. Welch and Barry L. Vaughan
Filed: Aug. 9, 2021