71 Illinois opinions name it 2 courts 1963–2025 10 in the last five years
The cases below were cited by Illinois courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.
| Case | Followed | Cited |
|---|---|---|
Illinois Bell Telephone Co. v. Allphingreen2 sentences2021Adm. Code 5300.910 (1996) (“A Party who fails to file exceptions shall be deemed to have failed to exhaust administrative remedies.”); Robinson v. Village of Oak Park, 2013 IL App (1st) 121220, ¶ 7 (“The exhaustion of administrative remedies doctrine has long been a fundamental principle of administrative law and an aggrieved party ordinarily cannot seek review in the courts without first pursuing all administrative remedies.” (citing Illinois Bell Telephone Co. v. Allphin, 60 Ill. 2d 350 , 357- 58 (1975))). 2017Put another way, the circuit court has no jurisdiction to engage in an administrative review of a Department order unless the party seeking review has exhausted its administrative remedies. ¶ 23 The exhaustion of administrative remedies doctrine “has long been a basic principle of administrative law—a party aggrieved by administrative action ordinarily cannot seek review in the courts without first pursuing all administrative remedies available to him.” Illinois Bell Telephone Co. v. Allphin, 60 Ill. 2d 350, 357-58 (1975). | 6 | 17 |
Castaneda v. Illinois Human Rights Commissiongreen2 sentences2021See Castaneda v. Illinois Human Rights Comm’n, 132 Ill. 2d 304, 320 (1989) (“[A]n application for rehearing is so close in nature to a ‘petition for hearing or application for administrative review’ that distinguishing section 3-102’s scope on such grounds is niggling.”). ¶ 19 The Administrative Review Law’s prescriptions codify the well-established common-law doctrine of exhaustion of administrative remedies. 2006Castaneda v. Illinois Human Rights Comm’n, 132 Ill. 2d 304, 309 , 547 N.E.2d 437, 439 (1989); Wright v. Pucinski, 352 Ill. | 5 | 10 |
Ford v. Walkergreen2 sentences2021App. 3d 147, 150 , 857 N.E.2d 282, 285 (2006) (stating the doctrine of exhaustion of administrative remedies applies to inmate grievances, including those alleging constitutional violations); Ford v. Walker, -6- 377 Ill. 2021“The doctrine of exhaustion of administrative remedies applies to grievances filed by inmates.” Ford, 377 Ill. | 4 | 7 |
Canel v. Topinkagreen2 sentences2007Our supreme court has stated: “The exhaustion doctrine includes administrative review in the circuit court. [Citation.] Where the Administrative Review Law [citation] is applicable and provides a remedy, a circuit court may not redress a party’s grievance through any other type of action. [Citation.] The circuit court’s power to resolve factual and legal issues arising from an agency’s decision must be exercised within its review of the agency’s decision and not in a separate proceeding. [Citation.] This court has, however, recognized several exceptions to the doctrine of exhaustion of adminis 2007Our supreme court has stated: “The exhaustion doctrine includes administrative review in the circuit court. [Citation.] Where the Administrative Review Law [citation] is applicable and provides a remedy, a circuit court may not redress a party’s grievance through any other type of action. [Citation.] The circuit court’s power to resolve factual and legal issues arising from an agency’s decision must be exercised within its review of the agency’s decision and not in a separate proceeding. [Citation.] This court has, however, recognized several exceptions to the doctrine of exhaustion of adminis | 4 | 4 |
Arvia v. Madigangreen2 sentences2014App. 3d 899, 905 (2002). ¶ 42 This rule is known as the doctrine of exhaustion of administrative remedies, under which “a party may not seek judicial relief from an administrative action unless the party has exhausted all available administrative remedies.” Arvia v. Madigan, 209 Ill. 2d 520, 531 (2004). 2014App. 3d 899, 905 (2002). ¶ 42 This rule is known as the doctrine of exhaustion of administrative remedies, under which “a party may not seek judicial relief from an administrative action unless the party has exhausted all available administrative remedies.” Arvia v. Madigan, 209 Ill. 2d 520, 531 (2004). | 3 | 3 |
Johnson v. Illinois Dept. of Correctionsgreen2 sentences2025Johnson v. Department of Corrections, 368 Ill. 2021App. 3d 147, 150 , 857 N.E.2d 282, 285 (2006) (stating the doctrine of exhaustion of administrative remedies applies to inmate grievances, including those alleging constitutional violations); Ford v. Walker, -6- 377 Ill. | 2 | 4 |
Morr-Fitz, Inc. v. Blagojevichgreen2 sentences2010I write separately, however, to underscore my continued adherence to the significant policy considerations which support the doctrine of the exhaustion of administrative remedies, as set forth in my dissenting opinion in Morr-Fitz, Inc. v. Blagojevich, 231 Ill.2d 474, 514-15 , 327 Ill.Dec. 45 , 901 N.E.2d 373 (2008) (Freeman, J., dissenting, joined by Burke, J.): "[I]mportant policy considerations under[lie] the exhaustion doctrine, which include: (1) allowing the agency to fully develop and consider the facts of the cause and to utilize its expertise; (2) protecting agency processes from impa 2010I write separately, however, to underscore my continued adherence to the significant policy considerations which support the doctrine of the exhaustion of administrative remedies, as set forth in my dissenting opinion in Morr-Fitz, Inc. v. Blagojevich, 231 Ill.2d 474, 514-15 , 327 Ill.Dec. 45 , 901 N.E.2d 373 (2008) (Freeman, J., dissenting, joined by Burke, J.): "[I]mportant policy considerations under[lie] the exhaustion doctrine, which include: (1) allowing the agency to fully develop and consider the facts of the cause and to utilize its expertise; (2) protecting agency processes from impa | 2 | 2 |
Harris Trust & Savings Bank v. Duggangreen2 sentences2007See Duggan, 105 Ill. 2007See Duggan, 105 Ill. | 2 | 2 |
Montes v. Taylorgreen2 sentences2020We agree with respondent. ¶ 22 This court has recognized “ ‘[t]he doctrine of exhaustion of administrative remedies applies to grievances filed by inmates.’ ” Montes v. Taylor, 2013 IL App (4th) 120082, ¶ 12 , 985 N.E.2d 1037 (quoting Ford v. Walker, 377 Ill. 2020We agree with respondent. ¶ 22 This court has recognized “ ‘[t]he doctrine of exhaustion of administrative remedies applies to grievances filed by inmates.’ ” Montes v. Taylor, 2013 IL App (4th) 120082, ¶ 12 , 985 N.E.2d 1037 (quoting Ford v. Walker, 377 Ill. | 1 | 5 |
Beahringer v. Pagegreen2 sentences2021In fact, 17 years earlier, our supreme court had already concluded “ ‘[t]he doctrine of exhaustion of administrative remedies applies to grievances lodged by prisoners, even when the grievances involve an alleged constitutional violation.’ ” Beahringer v. Page, 204 Ill. 2d 363, 376 , 789 N.E.2d 1216, 1225 (2003) (quoting 72 C.J.S. 2021In fact, 17 years earlier, our supreme court had already concluded “ ‘[t]he doctrine of exhaustion of administrative remedies applies to grievances lodged by prisoners, even when the grievances involve an alleged constitutional violation.’ ” Beahringer v. Page, 204 Ill. 2d 363, 376 , 789 N.E.2d 1216, 1225 (2003) (quoting 72 C.J.S. | 1 | 3 |
County of Knox Ex Rel. Masterson v. Highlands, L.L.C.green2 sentences2022Masterson v. Highlands, L.L.C., 188 Ill. 2d 546, 551 (1999). 2022Masterson v. Highlands, L.L.C., 188 Ill. 2d 546, 551 (1999). | 1 | 2 |
Castaneda v. Human Rights Commissiongreen2 sentences1997The doctrine of exhaustion of administrative remedies provides that "a party aggrieved by administrative action ordinarily cannot seek review in the courts without first exhausting its administrative remedies available to him.” Castaneda v. Illinois Human Rights Comm’n, 175 Ill. 1989App. 3d at 1087 , 530 N.E.2d at 1006 .) The Castaneda court dismissed the petition for review, although no petition for rehearing had been filed with the Commission (and the time for doing so has long since passed), citing the doctrine of exhaustion of administrative remedies. | 1 | 2 |
Robinson v. Village of Oak Parkgreen1 sentence2021Adm. Code 5300.910 (1996) (“A Party who fails to file exceptions shall be deemed to have failed to exhaust administrative remedies.”); Robinson v. Village of Oak Park, 2013 IL App (1st) 121220, ¶ 7 (“The exhaustion of administrative remedies doctrine has long been a fundamental principle of administrative law and an aggrieved party ordinarily cannot seek review in the courts without first pursuing all administrative remedies.” (citing Illinois Bell Telephone Co. v. Allphin, 60 Ill. 2d 350 , 357- 58 (1975))). | 1 | 1 |
In Re Marriage of Seffrengreen1 sentence2012They also argue that defendant’s failure to properly notify them of the increase renders the tax invalid. ¶ 10 “Where a circuit court determines jurisdictional issues without hearing testimony, we review the court’s determination de novo.” In re Marriage of Seffren, 366 Ill. | 1 | 1 |
People v. Jenningsgreen1 sentence2012Id. at 127-28, 130 . ¶ 17 The issue in Jennings was whether a failure to publish the personal property assessments, as required by statute, invalidated the tax. | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Illinois. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Judith Wright v. Pucinski
green
2 sentences2006Castaneda v. Illinois Human Rights Comm’n, 132 Ill. 2d 304, 309 , 547 N.E.2d 437, 439 (1989); Wright v. Pucinski, 352 Ill. 2006Castaneda v. Illinois Human Rights Comm'n, 132 Ill. 2d 304, 309 , 547 N.E.2d 437, 439 (1989); Wright v. Pucinski, 352 Ill. | 2 | 2006–2006 |
Phillips v. Graham
green
2 sentences1989(Phillips v. Graham (1981), 86 Ill. 2d 274 , 427 N.E.2d 550 .) The exhaustion of administrative remedies doctrine allows for development of the facts before the agency and use by the agency of its expertise, while permitting the aggrieved party the opportunity to succeed before the agency. 1989(Phillips v. Graham (1981), 86 Ill. 2d 274 , 427 N.E.2d 550 .) The exhaustion of administrative remedies doctrine allows for development of the facts before the agency and use by the agency of its expertise, while permitting the aggrieved party the opportunity to succeed before the agency. | 2 | 1989–1991 |
Walker v. State Board of Elections
green
2 sentences1985(Walker v. State Board of Elections (1976), 65 Ill. 2d 543 , 359 N.E.2d 113 .) Further, the doctrine of exhaustion of administrative remedies does not apply where it would be futile to proceed initially via administrative channels, especially where a challenge is made to the facial validity of a statute or where the administrative agency cannot provide adequate relief. 1985(Walker v. State Board of Elections (1976), 65 Ill. 2d 543 , 359 N.E.2d 113 .) Further, the doctrine of exhaustion of administrative remedies does not apply where it would be futile to proceed initially via administrative channels, especially where a challenge is made to the facial validity of a statute or where the administrative agency cannot provide adequate relief. | 2 | 1979–1985 |
Saldana v. American Mutual Corp.
green
2 sentences1985(Saldana v. American Mutual Corp. (1981), 97 Ill. 1985In support of this, the objectors cite a line of cases that have held that the doctrine of the exhaustion of administrative remedies is not required when the administrative remedy is inadequate. ( Saldana v. American Mutual Corp. (1981), 97 Ill. | 2 | 1985–1985 |
Myers v. Bethlehem Shipbuilding Corp.
green
2 sentences1980The doctrine of exhaustion of administrative remedies provides that “no one is entitled to judicial relief for a supposed or threatened injury until the prescribed administrative remedy has been exhausted.” (Myers v. Bethlehem Shipbuilding Corp. (1938), 303 U.S. 41, 50-51 , 82 L. 1980The doctrine of exhaustion of administrative remedies provides that “no one is entitled to judicial relief for a supposed or threatened injury until the prescribed administrative remedy has been exhausted.” (Myers v. Bethlehem Shipbuilding Corp. (1938), 303 U.S. 41, 50-51 , 82 L. | 2 | 1963–1980 |
People v. Conley
green
1 sentence2022“In general, a party’s failure to exhaust administrative remedies is a straightforward basis for disposing of that party’s complaint by way of a motion to dismiss ***.” People v. Conley, 2020 IL App (2d) 180953, ¶ 11 . | 1 | 2022–2022 |
Maschek v. City of Chicago
green
1 sentence2022For instance, in Maschek v. City of Chicago, 2015 IL App (1st) 150520, ¶ 47 , this court identified three exceptions that allow a party to seek judicial review without first exhausting administrative remedies: (1) where no issues of fact are presented, (2) where agency expertise is not involved, and (3) where the agency’s jurisdiction is attacked as not being authorized by statute. ¶ 24 Maschek bears many similarities to this case. | 1 | 2022–2022 |
Goral v. Dart
green
1 sentence2021Goral, 2020 IL 125085, ¶ 37 . | 1 | 2021–2021 |
In Re Rosewell
green
1 sentence1999App. 3d 165, 172 , 603 N.E.2d 681 (1992)), we believe it is insufficient to establish that the city has imposed an unauthorized tax or “levied” a tax against exempt property so that a plaintiff may avoid the exhaustion of administrative remedies requirement under Owens. | 1 | 1999–1999 |
People v. N L Industries
green
2 sentences1996People v. NL Industries, 152 Ill. 2d 82, 95-96 , 604 N.E.2d 349 (1992). 1996People v. NL Industries, 152 Ill. 2d 82, 95-96 , 604 N.E.2d 349 (1992). | 1 | 1996–1996 |
Peoples Energy Corp. v. Illinois Commerce Commission
green
1 sentence1993“The doctrine of exhaustion of administrative remedies applies where a claim is cognizable in the first instance by an administrative agency alone.” (Peoples Energy Corp. v. Illinois Commerce Comm’n (1986), 142 Ill. | 1 | 1993–1993 |
Treasurer of Cook County v. Chicago Title & Trust Co.
neutral
1 sentence1987(See In re Application of County Treasurer (1978), 65 Ill. | 1 | 1987–1987 |
Peoria County Treasurer & Collector v. Grange
neutral
1 sentence1987App. 3d 785, 789 , 436 N.E.2d 247 .) The appellate court has also considered that the exhaustion of administrative remedies requirement applies to proceedings under section 235. | 1 | 1987–1987 |
Jackson Park Yacht Club v. Department of Local Government Affairs
green
1 sentence1985App. 3d 542 , 417 N.E.2d 1039 .) The purpose underlying the doctrine of exhaustion of administrative remedies is to allow administrative agencies to correct their own errors, clarify policies, and reconcile conflicts before resorting to judicial relief. | 1 | 1985–1985 |
| Dock Club, Inc. v. Illinois Liquor Control Commission green | 1 | 1985–1985 |
Steward v. Allstate Insurance Co.
neutral
1 sentence1985App.3d 334, 339 ; Steward v. Allstate Insurance Co. (1980), 92 Ill. | 1 | 1985–1985 |
| Head-On Collision Line, Inc. v. Kirk green | 1 | 1984–1984 |
| McKart v. United States green | 1 | 1984–1984 |
| Chrysler Corp. v. Gunderson green | 1 | 1984–1984 |
| Westfield v. City of Chicago green | 1 | 1968–1968 |
| County of Lake v. MacNeal green | 1 | 1965–1965 |
| Bright v. City of Evanston green | 1 | 1963–1963 |
| Brader v. City of Chicago neutral | 1 | 1963–1963 |
Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.
Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.