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    "parties": [
      "RONALD MARSH, Appellant, v. THE ILLINOIS RACING BOARD et al., Appellees."
    ],
    "opinions": [
      {
        "text": "CHIEF JUSTICE FREEMAN\ndelivered the opinion of the court:\nWe 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.\nBACKGROUND\nPrior 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\u2019s license and declared him ineligible for future licensure. The stewards\u2019 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\u2019 rulings and which declared Marsh ineligible for future licensure in any capacity.\nMarsh subsequently filed a complaint for administrative review of the Racing Board\u2019s 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\u2019s decision, pursuant to section 3 \u2014 111(a)(1) of the Administrative Review Law (Review Law) (735 ILCS 5/3 \u2014 111(a)(1) (West 1994)). On February 9, 1996, the circuit court entered an order which stayed the Racing Board\u2019s decision \"pending a decision on administrative review.\u201d Defendants then filed an interlocutory appeal from the circuit court\u2019s 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\u2019s order pending the interlocutory appeal. Although Marsh objected to the motion on the ground that the circuit court\u2019s stay order was not appealable under Rule 307(a)(1), the appellate court granted the emergency motion to stay the circuit court\u2019s order and remanded the cause to the circuit court. We allowed Marsh\u2019s petition for leave to appeal (166 Ill. 2d R. 315(a)) and now remand the matter to the appellate court.\nANALYSIS\nI\nThe 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\u201d (166 Ill. 2d R. 307(a)(1)), permits the appeal of a stay order entered by the circuit court pursuant to section 3 \u2014 111(a)(1) of the Administrative Review Law. See 735 ILCS 5/3 \u2014 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\u2019s license. See Coordinating Committee of Mechanical Specialty Contractors Ass\u2019n v. O\u2019Connor, 92 Ill. App. 3d 318 (1980); Cahokia Sportservice, Inc. v. Illinois Liquor Control Comm\u2019n, 32 Ill. App. 3d 801 (1975). According to defendants, the circuit court\u2019s 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\u2019s 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).\nWe begin our analysis of this issue with a general overview of this court\u2019s 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:\n\"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 appeal-able 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\u2019 rather than 'injunction.\u2019 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.\u2019 \u201d In re A Minor, 127 Ill. 2d 247, 260-61 (1989).\nIn view of these expansive comments, it is not surprising, perhaps, that defendants urge us to simply deem the circuit court\u2019s \"stay\u201d an \"injunction\u201d 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)). In our view, however, such an approach oversimplifies the issue and overlooks the fact that the putative \"injunctive order\u201d 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.\nThe Illinois Constitution of 1970 states that our circuit courts shall have the power to review administrative actions \"as provided by law.\u201d Ill. Const. 1970, art. VI, \u00a7 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\u201d (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.\u201d 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.\nThe circuit court entered the stay in this case pursuant to section 3 \u2014 111(a)(1) of the Review Law, which provides in pertinent part:\n\"The circuit court has power:\n*** 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.\u201d 735 ILCS 5/3 \u2014 111(a)(1) (West 1994).\nClearly, 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\u201d 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 \u2014 112 (West 1994)), it is silent as to whether a litigant is entitled to interlocutory relief.\nBoth parties direct our attention to this court\u2019s 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\u2019s 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\u2019s appeal from the circuit court\u2019s final decision in the case, which affirmed the Department\u2019s determination on the merits. The appellate court affirmed the circuit court\u2019s 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.\nOn 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 \u2014 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\u201d equitable power, derived from the \"historic\u201d 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\u201d (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 \u2014 111(a)(1) stay provision as evidence that the court lost its inherent powers with the passage of the Review Law. Rather, section 3 \u2014 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.\u201d Ardt, 154 Ill. 2d at 147, citing Gorr, 129 Ill. App. 3d 327.\nWe 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 \u2014 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\u201d of injunction. Moreover, relying on Gorr, Ardt tells us that by enacting section 3 \u2014 111(a)(1), the General Assembly intended to give the circuit court broad discretion to stay an administrative decision without resort to the traditional elements of injunctive relief. These statements do not conflict. In our view, by enacting section 3 \u2014 111(a)(1) the General Assembly specifically permitted the circuit court to exercise its inherent \"equitable\u201d 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.\nIn 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\u2019s entry of the stay order.\nII\nMarsh next contends that should this court uphold the appellate court\u2019s invocation of jurisdiction, we must nevertheless remand the matter to the appellate court so that it can decide the merits of the defendants\u2019 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\u2019 notice of interlocutory appeal.\nThe appellate court order which we review today consists, in pertinent part, of the following two sentences:\n\"IT IS HEREBY ORDERED that [Defendant\u2019s] Emergency Motion for Stay of the February 9,1996 Order Pending Appeal is hereby Granted /Denied. The case is REMANDED to the circuit court.\u201d\nThe bottom portion of the order bears the signature of the four appellate justices who decided the case. This order was entered pursuant to defendants\u2019 motion for a stay of the circuit court\u2019s 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 \u2014 111(a)(1), the appellate court remanded the matter. The appellate court thereafter denied Marsh\u2019s motion for clarification of the above-quoted order, and we granted Marsh\u2019s petition for leave to appeal.\nWe are troubled by the appellate court\u2019s 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\u2019s stay order, the appellate court\u2019s 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, \u00a7 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\u201d (155 Ill. 2d R. 366(a)(5)), defendants\u2019 interlocutory appeal in this case was taken from the circuit court\u2019s 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\u201d but rather to a determination concerning its propriety.\nOn the other hand, the appellate court\u2019s order also resembles a summary order under Supreme Court Rule 23 because the appellate court\u2019s 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 \u2014 111(a)(1) of the Review Law gives the circuit court broad discretion to stay an administrative decision pending review. Accordingly, the circuit court\u2019s 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.\u201d (Emphasis added.) See 166 Ill. 2d R. 23(c)(7). The appellate court\u2019s actions in this case certainly imply that the court deemed the circuit court\u2019s action to be an abuse of discretion. If that is so, the use of a summary order was inappropriate.\nAs the foregoing suggests, we cannot glean from either the record on appeal or the language in the appellate court\u2019s 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\u2019s unusual actions in this case may have stemmed from the court\u2019s desire to decide the appeal swiftly so as not to prolong a final decision on the merits of Marsh\u2019s complaint. These concerns are legitimate \u2014 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\u2019s stay of the circuit court\u2019s order and remand the cause to the appellate court for a determination of the merits of defendant\u2019s appeal.\nCONCLUSION\nThe appellate court in this case had jurisdiction under Rule 307(a)(1) to entertain defendants\u2019 appeal of the circuit court\u2019s stay order. However, we vacate the appellate court\u2019s order and remand the cause to the appellate court for further proceedings not inconsistent with this opinion.\nVacated and remanded.\nWe note that in the other case relied upon by defendants, the appellate court never actually questioned its jurisdiction. See O\u2019Connor, 92 Ill. App. 3d 318. The appellate court merely cited Cahokia for the proposition that in actions under the Review Law, the circuit court\u2019s 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\u2019Connor, 92 Ill. App. 3d at 320.",
        "type": "majority",
        "author": "CHIEF JUSTICE FREEMAN"
      }
    ],
    "attorneys": [
      "Leland E. Shalgos, of Chicago (James C. Ten Broeck, Jr., of counsel), for appellant.",
      "James E. Ryan, Attorney General, of Springfield (Barbara A. Preiner, Solicitor General, and Daniel N. Malato and Janan E. Fabiano, Assistant Attorneys General, of Chicago, of counsel), for appellees."
    ],
    "corrections": "",
    "head_matter": "(No. 80913.\nRONALD MARSH, Appellant, v. THE ILLINOIS RACING BOARD et al., Appellees.\nOpinion filed November 20, 1997.\nRehearing denied February 2, 1998.\nLeland E. Shalgos, of Chicago (James C. Ten Broeck, Jr., of counsel), for appellant.\nJames E. Ryan, Attorney General, of Springfield (Barbara A. Preiner, Solicitor General, and Daniel N. Malato and Janan E. Fabiano, Assistant Attorneys General, of Chicago, of counsel), for appellees."
  },
  "file_name": "0488-01",
  "first_page_order": 500,
  "last_page_order": 511
}
