Illinois Supreme Court

Nyhammer v. Basta

November 28, 2022465 Ill. Dec. 730

Summary

The Illinois Supreme Court reversed the appellate court and reinstated the circuit court's dismissal of a mandamus complaint seeking administrative hearings concerning funding and service-provider decisions. The court held that the decisions were not contested cases because no statute, regulation, or constitutional provision required them to be made only after an opportunity for a hearing, and the plaintiff therefore lacked a clear right to mandamus relief. The court also held that the claim seeking rulemaking was moot and that the appellate court had improperly granted substantive relief before the circuit court adjudicated the mandamus complaint.