Marsh v. Illinois Racing Board
State: Illinois
Docket No: 80913
Marsh v. Ill. Racing Bd., No. 80913 (11/20/97)
NOTICE: Under Supreme Court Rule 367 a party has 21 days after the filing of the opinion to
request a rehearing. Also, opinions are subject to modification, correction or withdrawal at
anytime prior to issuance of the mandate by the Clerk of the Court. Therefore, because the
following slip opinion is being made available prior to the Court's final action in this matter, it
cannot be considered the final decision of the Court. The official copy of the following opinion
will be published by the Supreme Court's Reporter of Decisions in the Official Reports advance
sheets following final action by the Court.
Docket No. 80913--Agenda 13--May 1997.
RONALD MARSH, Appellant, v. THE ILLINOIS RACING BOARD et al.,
Appellees.
Opinion filed November 20, 1997.
CHIEF JUSTICE FREEMAN delivered the opinion of the court:
We are called upon in this case to determine whether the issuance of a stay
of an administrative order pending judicial review constitutes an injunction for
purposes of an appeal under Supreme Court Rule 307(a)(1) (166 Ill. 2d R.
307(a)(1)). For the reasons that follow, we hold that it does.
BACKGROUND
Prior to the commencement of this action, plaintiff, Ronald Marsh, was
licensed as an owner and driver of standardbred horses pursuant to the Illinois
Horse Racing Act of 1975. See 230 ILCS 5/15 (West 1994). On December 7,
1995, racing stewards at Maywood Park Racetrack issued a ruling which excluded
Marsh from all racetracks and wagering locations pending an investigation of two
harness races in which Marsh had participated. Several days later, the stewards
issued a second ruling which revoked Marsh's license and declared him ineligible
for future licensure. The stewards' disciplinary action stemmed from their finding
that Marsh had furthered an unlawful betting scheme by failing to give his best
effort in two races. Marsh appealed the rulings to defendant Illinois Racing Board
(Racing Board), the administrative agency legislatively mandated to implement the
Horse Racing Act. See 230 ILCS 5/16(c) (West 1994). The hearing, which was
concluded on December 21, 1995, was conducted by a hearing officer as permitted
under the Horse Racing Act. On January 9, 1996, the Racing Board issued an
order which upheld the stewards' rulings and which declared Marsh ineligible for
future licensure in any capacity.
Marsh subsequently filed a complaint for administrative review of the
Racing Board's order in the circuit court of Cook County. See 230 ILCS 5/46
(West 1994) (providing that final decisions be reviewed pursuant to the
Administrative Review Law). The complaint named as defendants the Racing
Board, eight board members in their individual capacity, and the three racing
stewards who had issued the initial disciplinary rulings. Marsh also filed an
emergency motion to stay the Racing Board's decision, pursuant to section 3--
111(a)(1) of the Administrative Review Law (Review Law) (735 ILCS 5/3--
111(a)(1) (West 1994)). On February 9, 1996, the circuit court entered an order
which stayed the Racing Board's decision "pending a decision on administrative
review." Defendants then filed an interlocutory appeal from the circuit court's
order, pursuant to Rule 307(a)(1). Several days later, they filed an emergency
motion in the appellate court, seeking a stay of the circuit court's order pending
the interlocutory appeal. Although Marsh objected to the motion on the ground
that the circuit court's stay order was not appealable under Rule 307(a)(1), the
appellate court granted the emergency motion to stay the circuit court's order and
remanded the cause to the circuit court. We allowed Marsh's petition for leave to
appeal (166 Ill. 2d R. 315(a)) and now remand the matter to the appellate court.
ANALYSIS
I
The parties initially dispute whether Rule 307(a)(1), which provides for
appeals of right from orders "granting, modifying, refusing, dissolving, or refusing
to dissolve or modify an injunction" (166 Ill. 2d R. 307(a)(1)), permits the appeal
of a stay order entered by the circuit court pursuant to section 3--111(a)(1) of the
Administrative Review Law. See 735 ILCS 5/3--111(a)(1) (West 1994). Relying
on several decisions of our appellate court, defendants maintain that under the
circumstances of this case, review under Rule 307(a)(1) is proper because the
entry of the stay amounted to an order that enjoined the Racing Board from giving
effect to its administrative decision concerning Marsh's license. See Coordinating
Committee of Mechanical Specialty Contractors Ass'n v. O'Connor, 92 Ill. App.
3d 318 (1980); Cahokia Sportservice, Inc. v. Illinois Liquor Control Comm'n, 32
Ill. App. 3d 801 (1975). According to defendants, the circuit court's order is, in
essence, an injunction and, as such, is subject to interlocutory review under Rule
307(a)(1). Marsh, pointing to contrary authority from the appellate court, counters
that the circuit court's stay order is not appealable under Rule 307(a)(1) because
the elements for a stay under the Review Law do not rise to the level of those
traditionally required for injunctive relief. See Gorr v. Board of Fire & Police
Commissioners, 129 Ill. App. 3d 327 (1984).
We begin our analysis of this issue with a general overview of this court's
past pronouncements concerning the appealability of injunctive orders under Rule
307(a)(1). In In re A Minor, this court provided an exhaustive discussion on the
question, which we believe lends guidance to the question raised today:
"To determine what constitutes an appealable injunctive
order under Rule 307(a)(1) we look to the substance of the action,
not its form. (Bohn Aluminum & Brass Co. v. Barker (1973) 55 Ill.
2d 177, 180.) An apple calling itself an orange remains an apple.
Actions of the circuit court having the force and effect of
injunctions are still appealable even if called something else.
Temporary restraining orders are reviewable (Bohn Aluminum, 55
Ill. 2d at 178), and in Valente v. Maida (1960), 24 Ill. App. 2d 144,
149, which we cited with approval in Bohn Aluminum, an order
staying proceedings in a case pending the rendition of judgment in
a related case was treated as a reviewable order, notwithstanding
the fact that the order used the term `stay' rather than `injunction.'
Similar results have been reached with respect to an order denying
a motion for a stay of proceedings pending arbitration (School
District No. 46 v. Del Bianco (1966), 68 Ill. App. 2d 145;
Applicolor, Inc. v. Surface Combustion Corp. (1966), 77 Ill. App.
2d 260), and the denial of a motion to stay proceedings in one case
until the conclusion of an appeal in a different case (Wiseman v.
Law Research, Inc. (1971), 133 Ill. App. 2d 790). While we
express no opinion as to the merits of these appellate court cases,
they do reflect a policy of broadly construing the meaning of the
term `injunction.' " In re A Minor, 127 Ill. 2d 247, 260-61 (1989).
In view of these expansive comments, it is not surprising, perhaps, that defendants
urge us to simply deem the circuit court's "stay" an "injunction" and hold that
jurisdiction under Rule 307(a)(1) is proper. In fact, this is precisely what both of
the appellate panels did in the opinions cited to us by defendants. See Cahokia,
32 Ill. App. 3d at 807 (citing without discussion Medline Industries, Inc. v.
Pascal, 23 Ill. App. 3d 346 (1974), and Wiseman v. Law Research, Inc., 133 Ill.
App. 2d 790 (1971)).[fn1] In our view, however, such an approach oversimplifies
the issue and overlooks the fact that the putative "injunctive order" in this case
was, unlike the orders in the cases cited in the above passage, issued in
accordance with a comprehensive statutory structure, i.e., the Review Law. Indeed,
it was this fact which caused the Gorr court to hold that it lacked jurisdiction to
review the issuance of the stay. We, therefore, choose to address this issue with
reference to the specific statutory scheme under which it arose.
The Illinois Constitution of 1970 states that our circuit courts shall have
the power to review administrative actions "as provided by law." Ill. Const. 1970,
art. VI, sec. 9. To that end, the General Assembly has chosen to afford litigants
the right to judicial review of all final decisions of the Racing Board in
accordance with the provisions of the Illinois Administrative Review Law. 230
ILCS 5/46 (West 1994). Characterized as a "departure from the common law"
(Winston v. Zoning Board of Appeals, 407 Ill. 588, 595 (1950)), the
Administrative Review Law, as it is currently titled, eliminates, in those cases to
which it applies, any other statutory, equitable, or common law remedies by which
administrative determinations had previously been reviewed. Dubin v. Personnel
Board, 128 Ill. 2d 490, 497 (1989). Specifically, the legislature designed the
Review Law "to channel into a single procedure the judicial review of the
decisions made by administrative agencies in particular cases." People ex rel.
Naughton v. Swank, 58 Ill. 2d 95, 102 (1974). As a result, the rights of the parties
to appellate review of the stay are governed by this statutory scheme.
The circuit court entered the stay in this case pursuant to section 3--
111(a)(1) of the Review Law, which provides in pertinent part:
"The circuit court has power:
*** with or without requiring bond (except if otherwise
provided in the particular statute under authority of which the
administrative decision was entered), and before or after answer
filed, upon notice to the agency and good cause shown, to stay the
decision of the administrative agency in whole or in part pending
final disposition of the case." 735 ILCS 5/3--111(a)(1) (West
1994).
Clearly, a stay order entered pursuant to this statute is interlocutory in nature and
cannot be deemed a final order for purposes of appeal. See, e.g., Towns v. Yellow
Cab Co., 73 Ill. 2d 113 (1978) (holding only those orders that determine and fix
absolutely and finally the rights of the parties in the suit are "final" for purposes
of appeal). Although the Review Law specifically provides for appeals from final
decisions, orders, or judgments of the circuit court (see 735 ILCS 5/3--112 (West
1994)), it is silent as to whether a litigant is entitled to interlocutory relief.
Both parties direct our attention to this court's opinion in Ardt v. Illinois
Department of Professional Regulation, 154 Ill. 2d 138 (1992). In Ardt, the
Department of Professional Regulation, acting pursuant to the Illinois Dental
Practice Act, placed a dentist on probation for two years for violating certain
advertising regulations. The dentist then filed a complaint for administrative
review in which he maintained that the regulations violated his constitutional right
of free speech. He also filed a petition for a temporary restraining order, seeking
a stay of the Department's decision on the basis that the decision improperly
inhibited the exercise of his right of free speech. The circuit court granted the
requested relief despite the fact that the Dental Practice Act expressly prohibited
the suspension of any sanctions during judicial review. See Ardt v. Department of
Professional Regulation, 218 Ill. App. 3d 61, 63-64 (1991). The Department filed
an interlocutory appeal seeking reversal of the stay. That appeal, however, was
later consolidated with the dentist's appeal from the circuit court's final decision
in the case, which affirmed the Department's determination on the merits. The
appellate court affirmed the circuit court's decision, but modified it to reflect that
only one of the advertising regulations at issue was unconstitutional. Ardt, 218 Ill.
App. 3d 61. With respect to the issuance of the temporary restraining order, the
appellate court held that the circuit court correctly granted the relief, ruling that
the provision of the Dental Practice Act which prohibited the suspension of
sanctions during judicial review improperly infringed upon the equitable powers
of the circuit court. Ardt, 218 Ill. App. 3d at 65-66.
On appeal to this court, the Department argued that the specific provisions
of the empowering statute, i.e., the Dental Practice Act, should be strictly
complied with because it is that statute which provides the court with the
jurisdiction to hear the matter. In support of this argument, the Department pointed
out that had the circuit court retained its inherent equitable powers in cases
involving judicial review of administrative orders, as the appellate court had held,
the General Assembly would not have needed to specifically provide for a stay
provision (section 3--111(a)(1)) in the Review Law. This court rejected both
arguments. We initially noted that although statutes such as the Dental Practice
Act may give a circuit court subject matter jurisdiction, the court nonetheless
retains its traditional equitable powers. Such "inherent" equitable power, derived
from the "historic" power of equity courts, cannot be taken away or abridged by
the legislature. Ardt, 154 Ill. 2d at 146. Because a "stay or temporary restraining
order is a type of injunction, which is distinctly an equitable remedy" (emphasis
added) and because all courts have the authority to issue temporary restraining
orders and preliminary injunctions during the pendency of the cases before them,
we concluded that the circuit court had the authority to issue the stay despite the
prohibition contained in section 32 of the Dental Practice Act. Ardt, 154 Ill. 2d at
146. Moreover, we did not view inclusion of the section 3--111(a)(1) stay
provision as evidence that the court lost its inherent powers with the passage of
the Review Law. Rather, section 3--111(a)(1) "was intended to give the court
broad judicial discretion to grant or deny a stay of an administrative decision
without applying traditional standards applicable for the issuance of injunctions."
Ardt, 154 Ill. 2d at 147, citing Gorr, 129 Ill. App. 3d 327.
We acknowledge that Ardt does not answer the jurisdictional question
present in the case at bar, i.e., whether a stay issued in accordance with section
3--111(a)(1) constitutes an appealable injunction under Rule 307(a)(1). In fact, the
opinion makes no reference to jurisdiction. Rather, this court was concerned only
with whether the General Assembly violated the separation of powers doctrine in
the Dental Practice Act. Nevertheless, Ardt is instructive. Citing to Cahokia, Ardt
states that a stay is a "type" of injunction. Moreover, relying on Gorr, Ardt tells
us that by enacting section 3--111(a)(1), the General Assembly intended to give
the circuit court broad discretion to stay an administrative decisions without resort
to the traditional elements of injunctive relief. These statements do not conflict.
In our view, by enacting section 3--111(a)(1) the General Assembly specifically
permitted the circuit court to exercise its inherent "equitable" authority without
employing more stringent elements traditionally associated with injunctive relief.
Simply stated, the General Assembly enacted a specific stay provision which made
it easier for a party to receive the benefits of injunctive relief within the context
of the Review Law.
In light of the foregoing, we disagree with the Gorr opinion to the extent
that it holds that because the elements needed for a stay under the Review Law
are not as stringent as those necessary for a traditional injunction, Rule 307(a)(1)
jurisdiction cannot be invoked. Although the circuit court may grant the stay in
accordance with statutory criteria, as opposed to equitable criteria, the injunctive
nature of the order remains the same. Therefore, the stay order is entitled to
appellate review to insure that the circuit court granted the relief in accordance
with the statutory criteria. This is particularly true in administrative review actions
where the public health and welfare might be jeopardized by a stay of an
administrative decision. Accordingly, we hold that the appellate court in this case
did not err in exercising its jurisdiction over the appeal of the circuit court's entry
of the stay order.
II
Marsh next contends that should this court uphold the appellate court's
invocation of jurisdiction, we must nevertheless remand the matter to the appellate
court so that it can decide the merits of the defendants' appeal. The resolution of
this issue necessitates a detailed examination of the events which took place in the
appellate court following the filing of defendants' notice of interlocutory appeal.
The appellate court order which we review today consists, in pertinent part,
of the following two sentences:
"IT IS HEREBY ORDERED that [Defendant's] Emergency
Motion for Stay of the February 9, 1996 Order Pending Appeal is
hereby Granted/Denied. The case is REMANDED to the circuit
court."
The bottom portion of the order bears the signature of the four appellate justices
who decided the case. This order was entered pursuant to defendants' motion for
a stay of the circuit court's stay order pending appeal. Marsh had objected to the
motion, raising the jurisdictional question discussed in the first part of this
opinion. In entering the order, the appellate court granted defendants the stay, but
instead of entertaining the merits of the appeal, i.e., determining whether the
circuit court had abused its discretion in granting the stay under section 3--
111(a)(1), the appellate court remanded the matter. The appellate court thereafter
denied Marsh's motion for clarification of the above-quoted order, and we granted
Marsh's petition for leave to appeal.
We are troubled by the appellate court's actions in this case and are at
somewhat of a loss as to how we should characterize them. By issuing its own
stay of the circuit court's stay order, the appellate court's disposition resembles
an order usually entered by a court pursuant to some supervisory power. However,
our appellate court does not possess the supervisory powers enjoyed by this court
and is, therefore, without power to issue such orders. See Ill. Const. 1970, art. VI,
sec. 16; People v. Garrett, 139 Ill. 2d 189, 193-94 (1990). Although Supreme
Court Rule 366(a)(5) allows the appellate court to "make any other and further
orders *** that the case may require" (155 Ill. 2d R. 366(a)(5)), defendants'
interlocutory appeal in this case was taken from the circuit court's order which
stayed the effect of an administrative decision pending judicial review. On review,
such an order, of course, is not subject to "further order" but rather to a
determination concerning its propriety.
On the other hand, the appellate court's order also resembles a summary
order under Supreme Court Rule 23 because the appellate court's stay, coupled
with its remandment order, in effect, summarily reversed the stay entered by the
circuit court. See 166 Ill. 2d R. 23. Thus, we must determine whether this type of
an appeal falls within the purview of the summary order provision contained in
Rule 23. As stated elsewhere in this opinion, section 3--111(a)(1) of the Review
Law gives the circuit court broad discretion to stay an administrative decision
pending review. Accordingly, the circuit court's decision will be reversed only
upon a showing of an abuse of that discretion. However, Rule 23 allows for the
use of a summary order only in those cases in which "the trial court *** did not
abuse its discretion." (Emphasis added.) See 166 Ill. 2d R. 23(c)(7). The appellate
court's actions in this case certainly imply that the court deemed the circuit court's
action to be an abuse of discretion. If that is so, the use of a summary order was
inappropriate.
As the foregoing suggests, we cannot glean from either the record on
appeal or the language in the appellate court's order the true nature of the order
or the rationale for the relief granted in it. Although not raised by the parties, the
appellate court's unusual actions in this case may have stemmed from the court's
desire to decide the appeal swiftly so as not to prolong a final decision on the
merits of Marsh's complaint. These concerns are legitimate--a final decision on
the matter has yet to be rendered in the circuit court due to this interlocutory
appeal. Such concerns, however, are better addressed by the use of Supreme Court
Rule 311, which provides the appellate court with the means by which to hear an
appeal on an expedited basis. See 155 Ill. 2d R. 311. We trust that the procedure
employed by the appellate court in this case will not be repeated in future cases
involving stays of administrative decisions. We, therefore, vacate the appellate
court's stay of the circuit court's order and remand the cause to the appellate court
for a determination of the merits of defendant's appeal.
CONCLUSION
The appellate court in this case had jurisdiction under Rule 307(a)(1) to
entertain defendants' appeal of the circuit court's stay order. However, we vacate
the appellate court's order and remand the cause to the appellate court for further
proceedings not inconsistent with this opinion.
Vacated and remanded.
[fn1] We note that in the other case relied upon by defendants, the appellate court
never actually questioned its jurisdiction. See O'Connor, 92 Ill. App. 3d 318. The
appellate court merely cited Cahokia for the proposition that in actions under the
Review Law, the circuit court's power to stay the administrative decision stems
from its inherent powers to do equity and that the standard of review is the same
as that used by the appellate court when reviewing orders granting preliminary
injunctions. O'Connor, 92 Ill. App. 3d at 320.
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