{
  "id": 5355560,
  "name": "Joseph Brader et al., Appellees, vs. The City of Chicago, Appellant",
  "name_abbreviation": "Brader v. City of Chicago",
  "decision_date": "1962-09-28",
  "docket_number": "No. 36921",
  "first_page": "152",
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    "id": 8772,
    "name": "Illinois Supreme Court"
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  "last_updated": "2023-07-14T18:29:23.309293+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
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  "casebody": {
    "judges": [],
    "parties": [
      "Joseph Brader et al., Appellees, vs. The City of Chicago, Appellant."
    ],
    "opinions": [
      {
        "text": "Mr. Justice Underwood\ndelivered the opinion of the court:\nDefendant, the city of Chicago, appeals directly from a declaratory judgment entered in the circuit court of Cook County declaring the Chicago zoning ordinance void as applied to plaintiffs\u2019 property. The trial judge has certified that the validity of a municipal ordinance is involved and that the public interest requires a direct appeal to this court, (Ill. Rev. Stat. 1961, chap, no, par. 7S(i)(c)) and, accordingly, this court has jurisdiction.\nDefendant contends that plaintiffs have brought this action prematurely because they failed to exhaust all administrative and legislative local remedies. Plaintiffs position is that they are not required to exhaust their \u201clocal remedies\u201d before bringing this action because the defendant city had actively attempted to enforce the ordinance against the subject property by prosecuting a former occupant thereof in municipal court proceedings and that this action is in the nature of a defense against such enforcement efforts.\nThe rule requiring exhaustion of local remedies prior to seeking judicial relief originated in this State in Bright v. City of Evanston, 10 Ill.2d 178. We there considered a zoning ordinance which included a provision for variation in a case where objection to the zoning ordinance as a whole was not made, and concluded that where the claim is merely that the enforcement or application of a particular classification to the plaintiffs\u2019 property is unlawful and void, and no attack is made against the ordinance as a whole, judicial relief is appropriate only after available administrative remedies have been exhausted. We stated that the reason for such a rule is found in the practical difficulty encountered by the legislative body in foreseeing particular instances of hardship, when general restrictions are initially established for a given area.\nThe doctrine of exhaustion of remedies has since been applied both to a local legislative remedy and to an administrative remedy. Sinclair Pipe Line Co. v. Village of Richton Park, 19 Ill.2d 370, 373; Herman v. Village of Hillside, 15 Ill.2d 396, 408; Bank of Lyons v. County of Cook, 13 Ill.2d 493, 497.\nAs justification for their action in filing their complaint without first seeking an amendment of the ordinance as provided therein, plaintiffs rely upon County of Lake v. MacNeal, 24 Ill.2d 253; City of Loves Park v. Woodward Governor Co. 14 Ill.2d 623; Bright v. City of Evanston, 10 Ill.2d 178, and Reilly v. City of Chicago, 24 Ill.2d 348. An analysis of each of these cases reveals that none is authority for the plaintiffs\u2019 present position. MacNeal and Woodzvard are both clearly distinguishable from the instant proceedings in that both of these cases involved attempts by the municipal authorities to enforce the ordinance against the property owner. This court there held that the defendant property owner was entitled to raise the question of unconstitutionality or invalidity of the zoning ordinance as applied to the property in question as a defense to the municipal action against him. The court in MacNeal made clear the basis for its ruling in saying \u201cwe believe there are substantial differences between a property owner who is the moving party in an action to declare an ordinance invalid as to his property, and one who is summoned into court and charged with illegally violating the ordinance. * * * So long as local authorities institute an action, a defendant should be entitled to defend on the ground of the invalidity of the ordinance and to have the issue determined.\u201d The practical necessity for this rule is found in the court\u2019s additional statement, \u201cIf it were to be otherwise, the result could be that judicial machinery would be used to enforce an ordinance that is unconstitutional. \u201d\nThe Reilly case involved an appeal by the defendant city of Chicago from a declaratory judgment, entered on the plaintiff\u2019s complaint, holding the city zoning ordinance void as applied to the plaintiffs\u2019 property. This court reversed and remanded holding that \u201cThe elementary doctrine laid down in the Bright case is that, except only where the validity of an ordinance as a whole is attacked, an effort must be made to obtain relief at the local community level before the plaintiff seeks relief from the courts.\u201d This case reaffirmed the Bright doctrine and concluded with the statement that \u201cApplication for relief at the local level was a prerequisite to access to the courts.\u201d\nIn the instant case plaintiffs seek to have the ordinance declared unconstitutional as applied to their property. They allege that the defendant city is seeking to enforce the ordinance, but no action has been taken against these plaintiffs and this proceeding is not a suit to enforce the ordinance.\nThe ordinance in question gives plaintiffs the right to submit to the zoning administrator an application for an amendment to the zoning ordinance to be filed with the city clerk, who is required to file the same with the city council for processing in accordance with the ordinance. Until plaintiffs exercise this right they are not entitled to initiate this action to determine the constitutionality of the ordinance as applied to the property herein.\nSince this action was prematurely brought, no other questions need be discussed.\nAccordingly, the judgment of the circuit court of Cook County is hereby reversed and the cause is remanded with directions to dismiss the complaint.\nReversed and remanded, with directions.",
        "type": "majority",
        "author": "Mr. Justice Underwood"
      }
    ],
    "attorneys": [
      "John C. Melaniphy, Corporation Counsel, of Chicago, ( Sydney R. Drebin and Allen Hartman, Assistants Corporation Counsel, of counsel,) for appellant.",
      "Maurice J. Nathanson, Jack M. Siegel, and Robert S. Bremer, all of Chicago, for appellees."
    ],
    "corrections": "",
    "head_matter": "(No. 36921.\nJoseph Brader et al., Appellees, vs. The City of Chicago, Appellant.\nOpinion filed Sept. 28, 1962.\nRehearing denied Nov. 29, 1962.\nJohn C. Melaniphy, Corporation Counsel, of Chicago, ( Sydney R. Drebin and Allen Hartman, Assistants Corporation Counsel, of counsel,) for appellant.\nMaurice J. Nathanson, Jack M. Siegel, and Robert S. Bremer, all of Chicago, for appellees."
  },
  "file_name": "0152-01",
  "first_page_order": 154,
  "last_page_order": 157
}