735 ILCS 5/3-104

Jurisdiction and venue

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(735 ILCS 5/3-104) (from Ch. 110, par. 3-104)
    Sec. 3-104. Jurisdiction and venue. Jurisdiction to review final administrative decisions is vested in the Circuit Courts, except as to a final order of the Illinois Educational Labor Relations Board in which case jurisdiction to review a final order is vested in the Appellate Court of a judicial district in which the Board maintains an office. If the venue of the action to review a final administrative decision is expressly prescribed in the particular statute under authority of which the decision was made, such venue shall control, but if the venue is not so prescribed, an action to review a final administrative decision may be commenced in the Circuit Court of any county in which (1) any part of the hearing or proceeding culminating in the decision of the administrative agency was held, or (2) any part of the subject matter involved is situated, or (3) any part of the transaction which gave rise to the proceedings before the agency occurred. The court first acquiring jurisdiction of any action to review a final administrative decision shall have and retain jurisdiction of the action until final disposition of the action.
(Source: P.A. 88-1.)

    
Notes of Decisions
Cited in 38 cases (11 in the last 5 years), 1997–2024 · leading case: Slepicka v. Illinois Department of Public Health
Slepicka v. Illinois Department of Public Health (2014) ill · cites it 5× “Holy Family Villa filed a motion to dismiss or transfer the action, contending that Cook County was the only proper venue under section 3-104 of the Administrative Review Law (735 ILCS 5/3-104 (West 2012)). Slepicka opposed Holy Family Villa’s motion, asserting that Sangamon…”
Slepicka v. Illinois Department of Public Health (2014) ill · cites it 5× “Holy Family Villa moved to dismiss or transfer the action because it had not been filed in the proper venue, as set forth in section 3-104 of the Administrative Review Law (735 ILCS 5/3-104 (West 2012)). The circuit court denied Holy Family Villa’s motion and confirmed the…”
In Re Austin W. (2005) ill “735 ILCS 5/3-104 (West 2000) (the court first acquiring jurisdiction of any action to review a final administrative decision shall have and retain jurisdiction of the action until final disposition of the action).”
Slepicka v. The State of Illinois (2013) illappct · cites it 3× “) ¶4 Because the Sangamon County circuit court was indeed an impermissible venue under section 3-104 of the Administrative Review Law (735 ILCS 5/3-104 (West 2012)), we vacate the judgment of the Sangamon County circuit court and remand this case with directions to transfer the…”
Cunningham v. RETIREMENT BD. FIREMEN'S ANN. (2009) illappct · cites it 3× “Section 3-104 of the Administrative Review Law, formerly known as the Administrative Review Act, [3] provides that the circuit court is vested with jurisdiction to review final administrative decisions.”
Kelly v. Retirement Board of the Policemen's Annuity & Benefit Fund (2022) illappct “735 ILCS 5/3-104 (2020) (“[j]urisdiction to review final administrative decisions is vested in the Circuit Courts, [except that review of the Illinois Educational Labor Relations Board’s final decision is vested in the appellate - 23 - No.”
Cannici v. The Village of Melrose Park (2019) illappct “Count I only alleges that reversal of the Board’s decision is warranted because it was contrary to law, it was an abuse of discretion, it was against the manifest weight of the evidence, and it failed to comply with section 3-104 of the Administrative Review Law (735 ILCS…”
The Board of Education of Roxana Community Unit School District No. 1 v. The Pollution Control Board (2013) ill “735 ILCS 5/3-104 (West 2010). ¶ 13 In the appellate court’s view, section 11-60 of the Property Tax Code rather than section 41 of the Illinois Environmental Protection Act must take precedence in cases such as this for two basic reasons.”
Three v. The Department of Public Health (2017) illappct “” 735 ILCS 5/3-104 (West 2014). Rule 335 governs those administrative orders subject to direct review by the appellate court.”
Three v. Department of Public Health (2017) illappct “” 735 ILCS 5/3-104 (West 2014). Rule 335 governs those administrative orders subject to direct review by the appellate court.”
The Board of Education of Waukegan Community Unit School District No. 60 v. Orbach (2013) illappct “¶9 The Board appealed to the trial court for judicial review of the administrative proceedings, pursuant to the Code (105 ILCS 5/24-16 (West 2010)) and the Illinois Administrative Review Law (735 ILCS 5/3-104 (West 2010)). After hearing argument, the court ruled as follows: “It…”
Plowman v. Department of Children & Family Services (2017) illappct “735 ILCS 5/3-104, 3-112 (West 2014). This court, however, reviews the decision of the agency and not the circuit court.”
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