Dozoretz v. Frost

560 N.E.2d 1146, 203 Ill. App. 3d 231, 148 Ill. Dec. 549, 1990 Ill. App. LEXIS 1406
CourtAppellate Court of Illinois
DecidedSeptember 17, 1990
DocketNo. 1-88-2374
StatusPublished
Cited by1 cases

This text of 560 N.E.2d 1146 (Dozoretz v. Frost) is published on Counsel Stack Legal Research, covering Appellate Court of Illinois primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Dozoretz v. Frost, 560 N.E.2d 1146, 203 Ill. App. 3d 231, 148 Ill. Dec. 549, 1990 Ill. App. LEXIS 1406 (Ill. Ct. App. 1990).

Opinions

PRESIDING JUSTICE BUCKLEY

delivered the opinion of the court:

This appeal arises from Mitri Dozoretz’s (plaintiff's) action in the circuit court seeking a declaratory judgment and mandamus relief as to his right to present underassessment complaints to the Cook County Board of Appeals (the Board). Defendants — the Board, Wilson Frost and Thomas Jaconetty, commissioners of the Board — filed motions to dismiss plaintiff’s action under section 2 — 619 of the Code of Civil Procedure (Ill. Rev. Stat. 1987, ch. 110, par. 2 — 619). Plaintiff appeals from the circuit court’s order granting defendants’ motions. We reverse.

Plaintiff owns and pays property taxes on his residence in the Village of Skokie, Niles Township, Illinois. He has served as an elected member of the Board of Education of Cook County School District No. 68 in Niles Township, and he assumed the elected office of school board president in November 1987.

In April 1987, plaintiff filed complaints with the Board alleging that certain commercial parcels of real property in Niles Township were underassessed for the 1986 tax year. The school district adopted a resolution to pay the costs and expenses for prosecution of plaintiff’s under-assessment complaints. Had plaintiff prevailed in these complaints, his taxes would have decreased $20 and the school district and other taxing districts would have received more than $1 million in additional revenue. On May 14, 1987, the Board dismissed plaintiff’s complaints on the ground that he lacked standing to pursue the underassessment complaints before the board.

Following the Illinois Supreme Court’s denial of plaintiff’s motion for leave to bring an action in mandamus in the supreme court, plaintiff, on December 2, 1987, filed an action for declaratory judgment in the circuit court. In his complaint, plaintiff sought a declaration that defendant Wilson Frost, the only sitting commissioner on the Board at the time, had a duty under the Revenue Act of 1939 (the Act) (Ill. Rev. Stat. 1987, ch. 120, par. 482 et seq.) “to hold a full evidentiary hearing and decide future underassessment complaints that plaintiff will file, notwithstanding plaintiff’s status as a member of the Board of [Education] for the School District and without regard to the fact that the School District will pay the costs and expenses attendant to the prosecution of his underassessment complaints.”

In April of 1988, before the circuit court ruled on plaintiff’s request for declaratory relief, plaintiff filed 12 underassessment complaints with the Board. After a hearing in May 1988, in which plaintiff was not permitted to present any evidence as to the merits of his underassessment complaints, the Board again announced that plaintiff did not have standing to file the underassessment complaints.

On June 16, 1988, the circuit court, upon cross-motions for summary judgment, granted plaintiff summary judgment, holding that plaintiff had standing as a taxpayer to file underassessment complaints with the Board. Plaintiff presented the declaratory order to the Board, but the Board issued a written order denying plaintiff’s underassessment appeals. Plaintiff then filed an emergency motion under section 2 — 701 of the Code of Civil Procedure (Ill. Rev. Stat. 1987, ch. 110, par. 2 — 701) for further relief in the circuit court, seeking a writ of mandamus directing the Board to hear and decide plaintiff’s underassessment complaints. Commissioner Frost also filed an emergency motion for reconsideration of the circuit court’s declaratory order.

On June 24, 1988, the circuit court granted the motion to reconsider and agreed to rehear the matter. The circuit court also granted, on June 27, 1988, plaintiff’s motion to add Commissioner Thomas Jaconetty and the Cook County Board of Appeals as party defendants. On June 29, 1988, the defendants moved to dismiss plaintiff’s action.

On July 15, 1988, the circuit court granted defendants’ motion to dismiss plaintiff’s complaint and vacated its prior declaratory judgment order. On appeal from this order, plaintiff contends that the court’s reasons for vacating its declaratory judgment order were error and requests that we reverse the circuit court’s dismissal of his action and reinstate its declaratory order.

The legislature, in section 117 of the Act, has permitted “any taxpayer” to make underassessment complaints to the Board. (Ill. Rev. Stat. 1987, ch. 120, par. 598.) Section 113 of the Act, which sets forth the powers and duties of the Board, provides that, upon an underassessment complaint filed in conformance with the requirements of section 117 of the Act, “[the Board] shall hear complaints and revise assessments.” El. Rev. Stat. 1987, ch. 120, par. 594.

In dismissing plaintiff’s action and vacating its earlier declaratory order, the circuit .court did not change its position as to plaintiff’s rights under these statutory provisions, but found that the declaratory judgment and mandamus relief were not appropriate at that time because (1) the Board had the authority to determine its jurisdiction and its decision as to plaintiff’s standing was the appropriate exercise of its authority; and (2) plaintiff had an adequate remedy under the Act by paying his tax under protest and filing an objection to the application for judgment.

As to the circuit court’s first basis for its dismissal, defendants argue that review of the Board’s decision is not authorized by law because the Board had discretion to determine its own jurisdiction. Defendants overlook, however, that Illinois courts, in determining the scope of an administrative body’s power and authority, have consistently found an administrative body’s jurisdictional determination not to be a discretionary act. (E.g., Ogden-Fairmount, Inc. v. Illinois Racing Board (1986) , 147 Ill. App. 3d 789, 498 N.E.2d 882, rev’d on other grounds (1987) , 119 Ill. 2d 154; Chemetco v. Pollution Control Board (1986), 140 Ill. App. 3d 283, 488 N.E.2d 639; People ex rel. Thompson v. Property Tax Appeal Board (1974), 22 Ill. App. 3d 316, 317 N.E.2d 121.) In Thompson, a case where the Act permitted administrative review of a property tax appeal board’s decision, the court reviewed the determination of the board’s statutory power and authority on the ground that it is a judicial function, not a question to be finally determined by the administrative agency itself. Thompson, 22 Ill. App. 3d at 321, 317 N.E.2d at 125.

Although plaintiff’s complaint in the circuit court did not involve a direct administrative appeal1 but sought to secure an advance declaration of plaintiff’s rights under section 117 of the Act to file future underassessment complaints before the Board, the court had the same authority to determine the Board’s jurisdiction, as the statutory procedure of declaratory judgment merely affords a new, additional, and cumulative procedural method for the determination of parties’ rights and duties (Ill. Rev. Stat. 1987, ch. 110, par. 2— 701; Ill. Ann. Stat., ch. 110, par. 2 — 701, Historical & Practice Notes, at 6 (Smith-Hurd 1963); Neuchiller v. Neuchiller (1953), 351 Ill. App.

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Related

Dozoretz v. Frost
583 N.E.2d 505 (Illinois Supreme Court, 1991)

Cite This Page — Counsel Stack

Bluebook (online)
560 N.E.2d 1146, 203 Ill. App. 3d 231, 148 Ill. Dec. 549, 1990 Ill. App. LEXIS 1406, Counsel Stack Legal Research, https://law.counselstack.com/opinion/dozoretz-v-frost-illappct-1990.