People Ex Rel. Madigan v. Leavell

905 N.E.2d 849, 388 Ill. App. 3d 283, 329 Ill. Dec. 11, 2009 Ill. App. LEXIS 106
CourtAppellate Court of Illinois
DecidedFebruary 18, 2009
Docket4-08-0019
StatusPublished
Cited by7 cases

This text of 905 N.E.2d 849 (People Ex Rel. Madigan v. Leavell) 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
People Ex Rel. Madigan v. Leavell, 905 N.E.2d 849, 388 Ill. App. 3d 283, 329 Ill. Dec. 11, 2009 Ill. App. LEXIS 106 (Ill. Ct. App. 2009).

Opinion

JUSTICE TURNER

delivered the opinion of the court:

In September 2007, the State filed a two-count complaint against defendant, Eva Lovene Leavell, doing business as L&L Supply Company, alleging multiple violations of the Illinois Oil and Gas Act (Oil Act) (225 ILCS 725/1 through 28.1 (West 2006)) and seeking injunctive relief, as well as civil penalties. That same month, defendant filed a motion for change of venue or, in the alternative, to transfer on the basis of forum non conveniens. In October 2007, the State filed a response, contesting defendant’s motion. After a December 2007 hearing, the trial court granted defendant’s motion and transferred the case to White County.

In January 2008, the State petitioned this court for leave to appeal pursuant to Supreme Court Rules 306(a)(2) and 306(a)(4) (210 Ill. 2d Rs. 306(a)(2), (a)(4)). We denied the petition, and the State appealed to the supreme court. By supervisory order, the supreme court directed us to grant the State’s petition and to hear the appeal on its merits. People ex rel. Madigan v. Leavell, 228 Ill. 2d 552, 886 N.E.2d 1027 (2008) (nonprecedential supervisory order on denial of petition for leave to appeal). We have done so and affirm the trial court’s judgment.

I. BACKGROUND

The State’s September 2007 complaint set forth the Department of Natural Resources (Department) previously issued defendant permits authorizing her to operate oil production and injection wells in accordance with the terms of the permits. Count I of the complaint specifically asserted defendant violated the Department’s orders by failing to repair or plug wells, which the Department later plugged or repaired after the issuance of a final administrative decision. In September 2003, the Department sent defendant a letter demanding reimbursement of the funds it expended in plugging or repairing her wells plus statutory interest. The State listed nine wells for which it still sought reimbursement for work the Department had done. In addition to reimbursement plus interest, the State sought (1) a finding defendant violated the Oil Act by failing to comply with a final administrative decision to plug or repair wells, (2) the imposition of civil penalties, (3) a preliminary injunction for defendant to cease operation under current permits until the Department has been reimbursed, (4) a permanent injunction for defendant to cease and desist from further violations, and (5) costs of the suit.

Count II alleged the Department issued a final administrative decision in April 2002, finding defendant’s wells to be abandoned for nonpayment of fees. Defendant had yet to plug the abandoned wells that were the subject of the April 2002 decision. The State again sought (1) a violation finding, (2) civil penalties, and (3) preliminary and permanent injunctions.

In its complaint, the State also indicated venue was appropriate in Sangamon County based on the Department’s issuance of final administrative decisions to defendant there.

In her September 2007 venue motion, defendant asserted the subject of the State’s current suit had been the subject of five or more cases filed in White County, Illinois. Defendant also noted (1) she did not reside in Sangamon County and (2) none of the wells that were the subject of the lawsuit were on property located in Sangamon County. Further, defendant resided and did business in White County, and the wells and witnesses were located in White County or near it. As to venue, defendant contended Sangamon County was not a proper venue under either prong of the venue statute contained in section 2 — 101 of the Code of Civil Procedure (Procedure Code) (735 ILCS 5/2 — 101 (West 2006)). With respect to forum non conveniens, defendant addressed both private and public interests. As to private interests, defendant noted that, to view the premises at issue, a trip between 160 and 205 miles from Springfield to White or Crawford County would be required, but it would be a short drive from White County. Defendant also reiterated the facts that she, the likely witnesses, and the wells at issue were located in or near White County. Regarding public interests, defendant noted Sangamon County circuit court was “much more congested” than the White County circuit court. Defendant also contended the people of White County had “much more interest” in this case than the people of Sangamon County.

Defendant attached to her motion maps showing the distance between Springfield and Carmi, Illinois (203.65 miles), and Springfield and Robinson, Illinois (163.49 miles). She also presented the 2005 annual report of the Illinois courts, showing the caseloads of the various circuits in Illinois. Defendant further submitted affidavits by her and her son, Stanley Leavell, in support of her following contentions: (1) Sangamon County was not near her residence, her place of business, her witnesses, and the property at issue and (2) a trial in Sangamon County would be inconvenient.

The State responded Sangamon County was a proper place of venue under section 11 of the Oil Act (225 ILCS 725/11 (West 2006)) since the Department issued final administrative decisions against defendant in Sangamon County. It contended the specific venue statute contained in the Oil Act was controlling over the general venue statute contained in the Procedure Code.

As to forum non conveniens, the State asserted the plaintiff’s choice of forum should be given deference and noted the Department was located in Sangamon County. It also asked the circuit court to take notice of the fact the Department brought all of its oil-and-gas cases in Sangamon County and cited two recent cases. The State also contended defendant failed to prove the private- and public-interest factors strongly favor transfer. According to the State, the relative ease of access to sources of proof favored Sangamon County because the nature of proof was documentary rather than testimonial and a view of the premises would not be appropriate in this action. Moreover, the State urged the congestion of court dockets should be afforded minimal weight.

At the December 2007 hearing, the parties neither presented evidence nor asked the trial court to take judicial notice of anything. After hearing the parties’ arguments, the court granted the motion, stating “[t]here is absolutely no reason that I see that this matter should be in Springfield.” The court then transferred the matter to “Dwight [sic] County, along with the rest of the cases involving these two parties.”

II. ANALYSIS

A. Motion Taken With the Case

In August 2008, defendant filed a motion to strike pages 4 through 65 of the appendix to the State’s brief. Defendant asserts those pages were not presented to the circuit court and thus she never had an opportunity to submit exhibits and documents in opposition.

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Bluebook (online)
905 N.E.2d 849, 388 Ill. App. 3d 283, 329 Ill. Dec. 11, 2009 Ill. App. LEXIS 106, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-ex-rel-madigan-v-leavell-illappct-2009.