Lockett v. Chicago Police Bd., 549 N.E.2d 1266 (Ill. 1990). · Go Syfert
Lockett v. Chicago Police Bd., 549 N.E.2d 1266 (Ill. 1990). Cases Citing This Book View Copy Cite
Quick Summary

Failure to join and properly serve a necessary party of record mandates dismissal of a complaint for administrative review.

After a police board ordered the discharge of a police officer, the officer filed a petition for administrative review but failed to name the superintendent as a defendant. The question presented is whether the superintendent, as a party of record in the underlying administrative proceeding, must be named as a defendant and served with summons within the statutory period. Because the Administrative Review Law is a departure from common law, its procedures must be strictly followed. Since the officer failed to name the superintendent or issue summons within 35 days and failed to demonstrate a good-faith effort to do so, the complaint was properly dismissed.

670 citation events (222 in the last 25 years) across 4 distinct courts.
Strongest positive: People v. Illinois Commerce Commission (ill, 2015-03-02) · Strongest negative: Strang v. Department of Transportation (illappct, 1990-12-12)
Treatment trajectory · 1990 → 2026 · click a year to view as-of
1990 2008 2026
Top citers, strongest first. 50 distinct citers. How cited ↗
discussed Overruled Strang v. Department of Transportation (2×)
Ill. App. Ct. · 1990 · confidence bake:cell
(Lockett, 133 Ill. 2d at 356 , 549 N.E.2d at 1269 .) Among the decisions expressly overruled by Lockett is this court’s opinion in Bradshaw v. Barnes (1986), 145 Ill.
discussed Cited as authority (verbatim quote) People v. Illinois Commerce Commission
Ill. · 2015 · signal: see also · quote attribution · 1 verbatim quote · confidence high
since the administrative review law is a departure from common law, the procedures it establishes must be strictly adhered to in order to justify its application.
discussed Cited as authority (verbatim quote) People v. Illinois Commerce Commission
Ill. · 2015 · signal: see also · quote attribution · 1 verbatim quote · confidence high
since the administrative review law is a departure from common law, the procedures it establishes must be strictly adhered to in order to justify its application.
examined Cited as authority (verbatim quote) Collinsville Community Unit School District No. 10 v. Regional Board of School Trustees (5×) also: Cited as authority (quoted), Cited as authority (rule)
Ill. · 2006 · signal: see also · quote attribution · 4 verbatim quotes · confidence high
since the administrative review law is a departure from common law, the procedures it establishes must be strictly adhered to in order to justify its application
examined Cited as authority (verbatim quote) Burns v. Department of Employment Security (3×) also: Cited as authority (rule)
Ill. App. Ct. · 2003 · signal: see, e.g. · quote attribution · 1 verbatim quote · confidence high
in cases where the 35-day requirement has been relaxed, the plaintiffs had made a good-faith effort to issue summons within the statutory period. nevertheless, due to some circumstance beyond their control, summons was not issued within the statutory period
examined Cited as authority (verbatim quote) Burns v. Department of Employment Security (3×) also: Cited as authority (rule)
Ill. App. Ct. · 2003 · signal: see, e.g. · quote attribution · 1 verbatim quote · confidence high
tn cases where the 35-day requirement has been relaxed, the plaintiffs had made a good-faith effort to issue summons within the statutory period. nevertheless, due to some circumstance beyond their control, summons was not issued within the statutory period
examined Cited as authority (verbatim quote) Blumhorst v. Department of Employment Security (2×) also: Cited as authority (quoted)
Ill. App. Ct. · 2002 · signal: see · quote attribution · 2 verbatim quotes · confidence high
a litigant must show a good-faith effort to secure issuance of summons within the 35 days in order to avoid dismissal
examined Cited as authority (verbatim quote) Blumhorst v. Illinois Department of Employment Security (2×) also: Cited as authority (quoted)
Ill. App. Ct. · 2002 · signal: see · quote attribution · 2 verbatim quotes · confidence high
a litigant must show a good-faith effort to secure issuance of summons within the 35 days in order to avoid dismissal
examined Cited as authority (verbatim quote) Amundsen, Michael v. Chicago Park Dist
7th Cir. · 2000 · signal: see · quote attribution · 1 verbatim quote · confidence high
the requirement that a complaint be filed within the 35-day limit is jurisdictional; if a complaint is not timely filed, no jurisdiction is conferred on the circuit court and judicial review of the administrative decision is barred.
cited Cited as authority (rule) Blessing Hospital v. Illinois Health Facilities & Services Review Board
Ill. App. Ct. · 2024 · confidence medium
Lockett -8- v. Chicago Police Board, 133 Ill. 2d 349, 353 (1990); Palos Bank & Trust Co. v. Illinois Property Tax Appeal Board, 2015 IL App (1st) 143324, ¶ 12 .
discussed Cited as authority (rule) X-Gen Pharmaceuticals, Inc v. The Department of Financial and Professional Regulation
Ill. App. Ct. · 2020 · confidence medium
Lockett v. Chicago Police Board, 133 Ill. 2d 349, 354 , 549 N.E.2d 1266, 1268 (1990), overruled on other grounds by Nudell v. Forest Preserve District of Cook County, 207 Ill. 2d 409, 424 , 799 N.E.2d 260, 268 (2003).
cited Cited as authority (rule) Ryan v. Zoning Board of Appeals
Ill. App. Ct. · 2019 · confidence medium
Lockett v. Chicago Police Board, 133 Ill. 2d 349, 353 , 549 N.E.2d 1266, 1267 (1990); accord McGaw Medical Center, 369 Ill.
discussed Cited as authority (rule) Rosario v. Retirement Board of Policemen's Annuity & Benefit Fund
7th Cir. · 2014 · confidence medium
Thirty-five days may not be long, but “Illinois courts have long enforced this requirement, the purpose of which is to ‘hasten the procedure of administrative review and avoid undue delay’” Holmes, 577 N.E.2d at 195 (quoting Lockett v. Chi Police Bd., 133 Ill.2d 349 , 140 Ill.Dec. 394 , 549 N.E.2d 1266, 1268 (1990)).
cited Cited as authority (rule) George Rosario v. Retirement Board of the Police
7th Cir. · 2014 · confidence medium
Police Bd., 549 N.E.2d 1266, 1268 (Ill. 1990)).
examined Cited as authority (rule) Van Milligen v. The Department of Employment Security (6×) also: Cited "see", Cited "see, e.g."
Ill. App. Ct. · 2007 · confidence medium
Lockett v. Chicago Police Board, 133 Ill. 2d 349, 353 (1990).
discussed Cited as authority (rule) Collinsville Community Unit School District v. Regional School Board St. Clair County (2×) also: Cited "see, e.g."
Ill. · 2006 · confidence medium
ESG Watts, Inc. v. Pollution Control Board, 191 Ill. 2d 26, 30 (2000); Lockett v. Chicago Police Board, 133 Ill. 2d 349, 353 (1990).
discussed Cited as authority (rule) Collinsville Community Unit School District No. 10 v. Regional Board of School Trustees (2×)
Ill. App. Ct. · 2004 · confidence medium
Lockett v. Chicago Police Board , 133 Ill. 2d 349, 354-55 , 549 N.E.2d 1266, 1268 (1990).
discussed Cited as authority (rule) Wilson v. State Employee's Retirement System
Ill. App. Ct. · 2002 · confidence medium
The supreme court has stated that compliance with section 3-107(a)'s naming requirement "is mandatory and specific, and admits of no modification." Lockett v. Chicago Police Board , 133 Ill. 2d 349, 354 (1990).
discussed Cited as authority (rule) Wilson v. State Employees' Retirement System
Ill. App. Ct. · 2002 · confidence medium
The supreme court has stated that compliance with section 3 — 107(a)’s naming requirement “is mandatory and specific, and admits of no modification.” Lockett v. Chicago Police Board, 133 Ill. 2d 349, 354 (1990).
discussed Cited as authority (rule) Veazey v. Doherty (2×)
Ill. App. Ct. · 2002 · confidence medium
As stated by our supreme court, “[t]his requirement is mandatory and specific, and admits of no modification.” Lockett v. Chicago Police Board, 133 Ill. 2d 349, 354 , 549 N.E.2d 1266, 1268 (1990).
discussed Cited as authority (rule) Veazey v. Doherty (2×)
Ill. App. Ct. · 2002 · confidence medium
As stated by our supreme court, "[t]his requirement is mandatory and specific, and admits of no modification." Lockett v. Chicago Police Board , 133 Ill. 2d 349, 354 , 549 N.E.2d 1266, 1268 (1990).
discussed Cited as authority (rule) Veazey v. Baker (2×)
Ill. App. Ct. · 2001 · confidence medium
As stated by our supreme court, "[t]his requirement is mandatory and specific, and admits of no modification." Lockett v. Chicago Police Board , 133 Ill. 2d 349, 354 , 549 N.E.2d 1266, 1268 (1990).
discussed Cited as authority (rule) Veazey v. Baker (2×)
Ill. App. Ct. · 2001 · confidence medium
As stated by our supreme court, “[t]his requirement is mandatory and specific, and admits of no modification.” Lockett v. Chicago Police Board, 133 Ill. 2d 349, 354 , 549 N.E.2d 1266, 1268 (1990).
cited Cited as authority (rule) ESG Watts, Inc. v. Pollution Control Board
Ill. · 2000 · confidence medium
Watts further contends that Lockett v. Chicago Police Board , 133 Ill. 2d 349, 353 (1990), a case upon which we relied in McGaughy , is no longer good law because of subsequent statutory amendments.
cited Cited as authority (rule) ESG Watts, Inc. v. Pollution Control Board
Ill. · 2000 · confidence medium
Watts further contends that Lockett v. Chicago Police Board, 133 Ill. 2d 349, 353 (1990), a case upon which we relied in McGaughy, is no longer good law because of subsequent statutory amendments.
discussed Cited as authority (rule) Carver v. Nall (2×)
Ill. · 1999 · confidence medium
Lockett v. Chicago Police Board, 133 Ill. 2d 349, 353 (1990).
cited Cited as authority (rule) Carver v. Adams County Sheriff Nall
Ill. App. Ct. · 1998 · confidence medium
Lockett v. Chicago Police Board, 133 Ill. 2d 349, 353 , 549 N.E.2d 1266, 1267 (1990); Straub v. Zollar, 278 Ill.
discussed Cited as authority (rule) Fayhee v. State Board of Trustees
Ill. App. Ct. · 1998 · confidence medium
Defendants rely upon Lockett v. Chicago Police Board , 133 Ill. 2d 349, 353-54 , 549 N.E.2d 1266, 1267-68 (1990), and cite its language regarding the need for strict adherence to the "mandatory and specific" provision that all parties of record be named.
discussed Cited as authority (rule) Fayhee v. State Board of Elections
Ill. App. Ct. · 1998 · confidence medium
Defendants rely upon Lockett v. Chicago Police Board, 133 Ill. 2d 349, 353-54 , 549 N.E.2d 1266, 1267-68 (1990), and cite its language regarding the need for strict adherence to the “mandatory and specific” provision that all parties of record be named.
discussed Cited as authority (rule) Stover v. Board of Fire & Police Commissioners
Ill. App. Ct. · 1997 · confidence medium
Every action to review a final administrative decision shall be commenced by the filing of a complaint and the issuance of summons within 35 days from the date that a copy of the decision sought to be reviewed was served upon the party affected thereby.” 735 ILCS 5/3—103 (West 1992). "[T]he 35-day [requirement] is jurisdictional; if a complaint is not timely filed, no jurisdiction is conferred on the circuit court and judicial review of the administrative decision is barred.” Lockett v. Chicago Police Board, 133 Ill. 2d 349, 354-55 , 549 N.E.2d 1266, 1268 (1990).
examined Cited as authority (rule) Bevis v. Illinois Pollution Control Bd. (3×) also: Cited "see"
Ill. App. Ct. · 1997 · confidence medium
Lockett v. Chicago Police Board, 133 Ill. 2d 349, 354-55 , 549 N.E.2d 1266, 1268 (1990).
discussed Cited as authority (rule) DeCastris v. State Employees Retirement System
Ill. App. Ct. · 1997 · confidence medium
In Lockett v. Chicago Police Board, 133 Ill. 2d 349, 354 , 549 N.E.2d 1266, 1268 (1990), the supreme court said that the joinder requirement of section 3 — 107 of the Review Law is "mandatory.” In Mudd v. Department of Children & Family Services, 281 Ill.
cited Cited as authority (rule) Zelisko v. Board of Fire & Police Commissioners
Ill. App. Ct. · 1996 · confidence medium
Lockett v. Chicago Police Board, 133 Ill. 2d 349, 353 (1990).
discussed Cited as authority (rule) Schwartz v. Department of Employment Security
Ill. App. Ct. · 1996 · confidence medium
Lockett v. Chicago Police Board, 133 Ill. 2d 349, 354 (1990); Board of Education of Bethany Community Unit School District No. 301 v. Regional Board of School Trustees of Clark, Coles, Cumberland, Edgar, Moultrie & Shelby Counties, 255 Ill.
examined Cited as authority (rule) International Precision Components Corp. v. Lake County Zoning Board of Appeals (3×) also: Cited "see"
Ill. App. Ct. · 1996 · confidence medium
Lockett v. Chicago Police Board, 133 Ill. 2d 349, 353 (1990).
discussed Cited as authority (rule) Mudd v. Department of Children & Family Services
Ill. App. Ct. · 1996 · confidence medium
In Lockett v. Chicago Police Board, 133 Ill. 2d 349, 354 , 549 N.E.2d 1266, 1268 (1990), the supreme court said that the joinder requirement of section 3 — 107 of the Code is "mandatory.” However, the Lockett court did not say that the joinder was a jurisdictional requirement.
discussed Cited as authority (rule) McGaughy v. Illinois Human Rights Commission (2×) also: Cited "see, e.g."
Ill. · 1995 · confidence medium
(Lockett v. Chicago Police Board (1990), 133 Ill. 2d 349, 354 (failure to name party of record); Cuny v. Annunzio (1952), 411 Ill. 613, 617-18 (failure to name agency rendering order and party of record); Winston v. Zoning Board of Appeals (1950), 407 Ill. 588, 595 (failure to name parties of record).) The respondents thus contend that dismissal is required in the instant cases because McGaughy and Barnes failed to strictly comply with the similar requirement of Rule 335(a) that the agency and all other parties of record be named as respondents in the petition for review.
discussed Cited as authority (rule) Kenney Country Lounge & Cafe, Inc. v. Illinois Liquor Control Commission
Ill. App. Ct. · 1993 · confidence medium
Lockett v. Chicago Police Board (1990), 133 Ill. 2d 349, 355 , 549 N.E.2d 1266, 1268 (suit dismissed where superintendent was not named and summons not issued within 35 days; no evidence of good-faith attempt to comply with the Administrative Review Law).
discussed Cited as authority (rule) Hanson v. Illinois Liquor Control Commission
Ill. App. Ct. · 1990 · confidence medium
(See Lockett v. Chicago Police Board (1990), 133 Ill. 2d 349, 353 (“[s]ince the [Act] is a departure from common law, the procedures it establishes must be strictly adhered to in order to justify its application”).) Section 3 — 107 of the Act requires that “all persons, other than the plaintiff, who were parties of record to the proceedings before the administrative agency *** be made defendants.” (Ill.
examined Cited "see" Van Milligen v. Dept. of Employment SEC. (11×) also: Cited "see, e.g."
Ill. App. Ct. · 2007 · signal: see · confidence high
Stanley, 235 Ill.App.3d at 997 , 176 Ill.Dec. 766 , 602 N.E.2d 73 ; see Lockett , 133 Ill.2d *1093 at 355, 140 Ill.Dec. 394 , 549 N.E.2d 1266 .
examined Cited "see" Michael Amundsen v. The Chicago Park District, Rob O'connor, Kathy Dunlap, Marilyn Morales, and Peter Podgorski (3×)
7th Cir. · 2000 · signal: see · confidence high
See Lockett v. Chicago Police Board, 133 Ill.2d 349 , 140 Ill.Dec. 394 , 549 N.E.2d 1266, 1268 (111.1990) (“The requirement that a complaint be filed within the 35-day limit is jurisdictional; if a complaint is not timely filed, no jurisdiction is conferred on the circuit court and judicial review of the administrative decision is barred.”). 9 Because the plaintiff failed to establish actual bias on the part of the hearing officer, failed to demonstrate that he was unconstitutionally denied the right to subpoena witnesses, and ignored the fact that the hearing was not required to comport w…
cited Cited "see" Brazas v. Property Tax Appeal Board
Ill. App. Ct. · 1999 · signal: see · confidence high
App. 3d 1078, 1085 (1991); see Lockett , 133 Ill. 2d at 355 .
cited Cited "see" Brazas v. Property Tax Appeal Board
Ill. App. Ct. · 1999 · signal: see · confidence high
App. 3d 1078, 1085 (1991); see Lockett, 133 Ill. 2d at 355 .
cited Cited "see" Bunnell v. Civil Service Comm'n
Ill. App. Ct. · 1998 · signal: see · confidence high
See Lockett , 133 Ill. 2d at 352-53 (treating statutory provisions as “procedural requirements”).
cited Cited "see" Bunnell v. Civil Service Com'n of Waukegan
Ill. App. Ct. · 1998 · signal: see · confidence high
See Lockett, 133 Ill. 2d at 352-53 (treating statutory provisions as “procedural requirements”).
examined Cited "see" INTERN. PRECISION COMPONENTS v. Lake Cty. (6×)
Ill. App. Ct. · 1996 · signal: see · confidence high
See Lockett, 133 Ill.2d at 354 , 140 Ill.Dec. 394 , 549 N.E.2d 1266 .
examined Cited "see" Stone v. Department of Employment Security Board of Review (4×)
Ill. App. Ct. · 1991 · signal: see · confidence high
See Lockett v. Chicago Police Board (1990), 133 Ill.2d 349 , 140 Ill.Dec. 394 , 549 N.E.2d 1266 .
examined Cited "see" Charleston Community Unit School District No. 1 v. Illinois Educational Labor Relations Board (5×)
Ill. App. Ct. · 1990 · signal: see · confidence high
See Lockett v. Chicago Police Board (1990), 133 Ill. 2d 349 , 549 N.E.2d 1266 ; Burns v. Edgar (1989), 178 Ill.
discussed Cited "see, e.g." Pernalski v. Illinois Racing Board (2×)
Ill. App. Ct. · 1998 · signal: see also · confidence low
See also Lockett v. Chicago Police Board, 133 Ill. 2d 349 , 549 N.E.2d 1266 (1990).
discussed Cited "see, e.g." Parham v. MacOmb Unit School District No. 185 (2×)
Ill. App. Ct. · 1992 · signal: see also · confidence low
Stat. 1989, ch. 110, par. 3 — 102; see also Lockett, 133 Ill. 2d at 353 , 549 N.E.2d at 1267 .) The Commission concludes that based on the substantial similarity of language between Supreme Court Rule 335(a) and section 3 — 107 of the Administrative Review Law, Lockett controls on the question of subject-matter jurisdiction under Supreme Court Rule 335 and petitioner is barred from seeking direct appellate review for failure to name the Department and the Commission within 35 days of the Commission’s order.
Retrieving the full opinion text from the archive…
STAFFORD E. LOCKETT, Appellee,
v.
THE CHICAGO POLICE BOARD Et Al., Appellants
68233.
Illinois Supreme Court.
Jan 17, 1990.
549 N.E.2d 1266
1990 Ill. LEXIS 5
Judson H. Miner and Kelly R. Walsh, Corporation Counsel, of Chicago (Ruth M. Moscovitch and Mardell Nereim, Assistant Corporation Counsel, of counsel), for appellants., No appearance for appellee.
Clark.
Cited by 127 opinions  |  Published
2 passages pin-cited by 3 cases
Pinpoint authority: #32,661 of 633,719
Citer courts: Illinois Supreme Court (3) · Appellate Court of Illinois (2)
JUSTICE CLARK

delivered the opinion of the court:

In November 1985, the superintendent of the Chicago police department (the superintendent) filed disciplinary charges against appellee, Stafford E. Lockett III, with the Chicago police board (the board). On September 29, 1986, the board determined the charges brought against appellee were supported by the evidence and ordered that appellee be discharged from his position as a police officer with the City of Chicago. On October 30, 1986, appellee filed a petition for administrative review pursuant to the Administrative Review Law (Ill. Rev. Stat. 1985, ch. 110, par. 3 — 101 et seq.) in the circuit court of Cook County, naming the board and its individual members as defendants. Summonses were issued and served on the named defendants.

On November 25, 1986, the board filed a motion to dismiss appellee’s complaint, alleging that he had failed to name the superintendent as a defendant. The motion alleged that the superintendent was a necessary party to the administrative review action and that appellee’s failure to name the superintendent in his complaint was a fatal defect. On December 23, 1986, appellee filed a response to the motion to dismiss. In his response, appellee argued that the board was an agent of the superintendent and, consequently, notice to the board constituted notice to the superintendent. In the alternative, appellee sought to amend his complaint and join the superintendent as a defendant.

The circuit court found that appellee’s failure to name the superintendent as a defendant in the administrative review action was a fatal defect which deprived the court of jurisdiction and dismissed the complaint without granting leave to amend. The appellate court determined that the complaint was not fatally defective because the superintendent was not a necessary party and reversed the judgment of the circuit court. (176 Ill. App. 3d 792.) We granted the board leave to appeal (107 Ill. 2d R. 315).

This case involves the questions of: (1) whether the superintendent was a necessary party in this action for administrative review; and (2) if so, whether the failure to join him as a party and to issue summons can be cured by amendment made after the expiration of the 35-day period.

First we consider whether the superintendent was a necessary party to the action for administrative review. The procedural requirements for judicial review of an administrative decision are governed by the Administrative Review Law (Ill. Rev. Stat. 1985, ch. 110, par. 3 — 101 et seq.). Pursuant to that act, an action for administrative review “shall be commenced by the filing of a complaint and the issuance of summons within 35 days from the date that a copy of the decision sought to be reviewed was served upon the party affected thereby.” (Ill. Rev. Stat. 1985, ch. 110, par. 3 — 103.) Summons must be issued on the administrative agency itself and on all defendants. (Ill. Rev. Stat. 1985, ch. 110, par. 3 — 105.) Section 3 — 107 requires that “all persons, other than the plaintiff, who were parties of record to the proceedings before the administrative agency *** be made defendants.” (Ill. Rev. Stat. 1985, ch. 110, par. 3 — 107.) Section 3 — 102 provides that “[u]nless review is sought *** within the time and in the manner herein provided,” a party is barred from bringing an action for administrative review. (Emphasis added.) (Ill. Rev. Stat. 1985, ch. 110, par. 3 — 102.) Since the Administrative Review Law is a departure from common law, the procedures it establishes must be strictly adhered to in order to justify its application. Winston v. Zoning Board of Appeals (1951), 407 Ill. 588, 595.

The board contends that because the superintendent was a party to the administrative proceeding he must be named as a defendant in any action seeking administrative review of that decision.

The appellate court, in considering this issue, held that although the superintendent filed the initial charges against appellee, it was the board’s decision to dismiss appellee that was being reviewed, not the superintendent’s decision to file charges. The appellate court concluded that since the superintendent’s interests were the same as those of the board, the superintendent was not a necessary party and did not have to be named as a defendant. 176 Ill. App. 3d at 794; see also Schoenbeck v. Board of Fire & Police Commissioners (1979), 69 Ill. App. 3d 366 (which states that the chief of police who filed charges against a police officer did not have to be named as a defendant in an action for administrative review because his interests were the same as those of the board of fire and police commissioners).

We find that this conclusion ignores the clear and unambiguous language of the act, which requires that “all persons, other than the plaintiff, who were parties of record to the proceedings before the administrative agency shall be made defendants.” (Emphasis added.) (Ill. Rev. Stat. 1985, ch. 110, par. 3 — 107.) This requirement is mandatory and specific, and admits of no modification. (Winston v. Zoning Board of Appeals (1950), 407 Ill. 588, 595.) Accordingly, since the superintendent was a party of record to the proceedings before the board, we find that he must be named as a defendant under the act.

Having determined that the superintendent was a necessary party, we now consider whether appellee should have been allowed to amend his complaint to join the superintendent as a defendant.

The board contends that the circuit court properly denied appellee leave to amend his complaint. It argues that the Administrative Review Law requires that all parties to the administrative proceeding be made defendants and that summons issue within 35 days from the date that a copy of the administrative decision was served upon the party seeking review. Since appellee failed to name the superintendent as a defendant and issue summons on him within the 35-day time period, his action for administrative review was barred. We agree.

As noted previously, section 3 — 103 of the act provides that an action to review an administrative decision shall be commenced “by the filing of a complaint and the issuance of summons within 35 days” of receipt of the decision being appealed. (Emphasis added.) (Ill. Rev. Stat. 1985, ch. 110, par. 3 — 103.) The requirement that a complaint be filed within the 35-day limit is jurisdictional; if a complaint is not timely filed, no jurisdiction is conferred on the circuit court and judicial review of the administrative decision is barred. (Fredman Brothers Furniture Co. v. Department of Revenue (1985), 109 Ill. 2d 202, 211.) The 35-day period for the issuance of summons, on the other hand, is mandatory, not jurisdictional, and failure to comply with that requirement will not deprive the court of jurisdiction. (City National Bank & Trust Co. v. Property Tax Appeal Board (1983), 97 Ill. 2d 378, 382; Cox v. Board of Fire & Police Commissioners (1983), 96 Ill. 2d 399, 403-04.) However, as the 35-day period is intended to “hasten the procedure” of administrative review and avoid undue delay, a litigant must show a good-faith effort to file the complaint and secure issuance of summons within the 35 days in order to avoid dismissal. (City National Bank & Trust Co., 97 Ill. 2d at 382; Cox, 96 Ill. 2d at 404.) In cases where the 35-day requirement has been relaxed, the plaintiffs had made a good-faith effort to issue summons within the statutory period. Nevertheless, due to some circumstance beyond their control, summons was not issued within the statutory period. See City National Bank & Trust Co., 97 Ill. 2d at 382; Cox, 96 Ill. 2d at 404 (cases in which the plaintiffs had filed their complaints for administrative review and summons with the clerk of the circuit court within the 35-day period but, due to problems at the clerk’s office which were beyond the plaintiff’s control, the summonses were not issued until after the 35-day period).

In the present case, there is no dispute that the superintendent was not named as a defendant and that summons was not issued on him within the 35-day period. Appellee has not offered, and our review of the record fails to disclose, any evidence of a good-faith effort to comply with the requirements of the act. (See Ill. Rev. Stat. 1985, ch. 110, pars. 3-103, 3-105, 3-107.) Accordingly, we find that the complaint for administrative review was properly dismissed by the circuit court.

We are aware that the appellate court has held a failure to name and issue summons against necessary parties within the 35-day time limit can be cured by subsequent amendment. (See, e.g., Bradshaw v. Barnes (1986), 145 Ill. App. 3d 866; Dendor v. Board of Fire & Police Commissioners (1973), 11 Ill. App. 3d 582.) To the extent those cases conflict with our holding today, they are overruled.

For the foregoing reasons, the judgment of the appellate court is reversed and the judgment of the circuit court of Cook County is affirmed.

Appellate court judgment reversed; circuit court judgment affirmed.