Johnson v. State

Court of Claims of Illinois

Johnson v. State

38 Ill. Ct. Cl. 298, 1985 Ill. Ct. Cl. LEXIS 88

CourtCourt of Claims of Illinois

DecidedSeptember 17, 1985

DocketNo. 85-CC-2982

StatusPublished

This text of 38 Ill. Ct. Cl. 298 (Johnson v. State) is published on Counsel Stack Legal Research, covering Court of Claims of Illinois primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Johnson v. State, 38 Ill. Ct. Cl. 298, 1985 Ill. Ct. Cl. LEXIS 88 (Ill. Super. Ct. 1985).

Pincite

Opinion

Holderman, J.

This cause coming on to be heard on the Respondent’s stipulation and the Court being duly advised in the premises finds that this is a claim for a refund of a $15.00 reinstatement fee paid as the result of an order of suspension on the Claimant’s driver’s license. The order of suspension was ordered “expunged” from the Claimant’s driving record by a court of competent jurisdiction, and therefore, the collection of the fee was made in error, and in accordance with the provisions of the Illinois Vehicle Code, the application for refund having been made more than six months following the payment of the fee, the fee must be refunded and the refund must be made by the Court of Claims. Ill. Rev. Stat. 1983, ch. 95½, pars. 3 — 824(b), (d).

It is therefore ordered that this Claimant be granted an award in the amount, as claimed, of $15.00.

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Holderman, J.

This cause coming on to be heard on the Respondent’s stipulation and the Court being duly advised in the premises finds that this is a claim for a refund of a $15.00 reinstatement fee paid as the result of an order of suspension on the Claimant’s driver’s license. The order of suspension was ordered “expunged” from the Claimant’s driving record by a court of competent jurisdiction, and therefore, the collection of the fee was made in error, and in accordance with the provisions of the Illinois Vehicle Code, the application for refund having been made more than six months following the payment of the fee, the fee must be refunded and the refund must be made by the Court of Claims. Ill. Rev. Stat. 1983, ch. 95½, pars. 3 — 824(b), (d).

It is therefore ordered that this Claimant be granted an award in the amount, as claimed, of $15.00.

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Bluebook (online)

38 Ill. Ct. Cl. 298, 1985 Ill. Ct. Cl. LEXIS 88, Counsel Stack Legal Research, https://law.counselstack.com/opinion/johnson-v-state-ilclaimsct-1985.