{
  "id": 5152347,
  "name": "Raymond Thompson, Plaintiff-Appellant, v. J. Albert Roberts et al., as Members of Board of Fire and Police Commissioners of City of Paris, County of Edgar, State of Illinois; Horace Lawler et al., as Mayor and City Commissioners of City of Paris, County of Edgar, State of Illinois, DefendantsAppellees",
  "name_abbreviation": "Thompson v. Roberts",
  "decision_date": "1956-02-14",
  "docket_number": "Gen. No. 10,027",
  "first_page": "93",
  "last_page": "96",
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      "cite": "9 Ill. App. 2d 93"
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    "name_abbreviation": "Ill. App. Ct.",
    "id": 8837,
    "name": "Illinois Appellate Court"
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    "name_long": "Illinois",
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      "cite": "398 Ill. 219",
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  "last_updated": "2023-07-14T21:30:13.972668+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
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  "casebody": {
    "judges": [],
    "parties": [
      "Raymond Thompson, Plaintiff-Appellant, v. J. Albert Roberts et al., as Members of Board of Fire and Police Commissioners of City of Paris, County of Edgar, State of Illinois; Horace Lawler et al., as Mayor and City Commissioners of City of Paris, County of Edgar, State of Illinois, DefendantsAppellees."
    ],
    "opinions": [
      {
        "text": "PRESIDING JUSTICE HIBBS\ndelivered the opinion of the court.\nPlaintiff, Raymond A. Thompson, was appointed a member of the fire department of the City of Paris, Hlinois on December 1, 1950. On August 10, 1953 the size of the department was reduced and plaintiff was laid off and placed on the reinstatement list. Plaintiff is aggrieved because another member of the force who was employed by the department on the same date as he was not laid off. It appears that the latter fireman had previously served on the force from August 29, 1947 to May 1, 1950. Plaintiff, claiming that the rules of Board of Eire and Police Commissioners of the City of Paris had been violated, filed his petition for a writ of mandamus in the Circuit Court of Edgar County on September 8, 1953 against the Fire and Police Commissioners, the Mayor and the City Commissioners of the City of Paris. This petition was stricken on defendants\u2019 motion on November 21, 1953. On December 28, 1953 plaintiff filed an amended complaint which realleged as Count I the original petition for mandamus and added Count II which prayed for judicial review of the decision of the Board of Fire and Police Commissioners, under the Administrative Review Act. Defendants thereafter filed a motion to strike the amended complaint and in addition an answer thereto. On January 21, 1955 the Circuit Court denied plaintiff\u2019s petition for mandamus and for review under the Administrative Review Act. Plaintiff has appealed to this court.\nThe Circuit Court in a memorandum opinion found that the original petition for mandamus in this matter should be dismissed because plaintiff\u2019s remedy was under the Administrative Review Act. Par. 14 \u2014 11 of the Cities and Villages Act, Ill. Rev. Stat. 1953, Chap. 24 [Jones Ill. Stats. Ann. 21.1377], provides that the Administrative Review Act and the rules adopted pursuant thereto \u201cshall apply to and govern all proceedings for the judicial review of final administrative decisions of the board of fire and police commissioners\u201d providing for the removal or discharge of a member of either department. Section 2 of the Administrative Review Act, Ill. Rev. Stat. 1953, Chap. 110, Par. 265 [Jones Ill. Stats. Ann. 104.094(2)] provides that with respect to cases coming within the scope of the act \u201cany other statutory, equitable or common law mode of review of decisions of administrative agencies heretofore available shall not be employed . . .\u201d\nTo the extent that mandamus is an available remedy, it could be described as a \u201cmode of review\u201d within the terms of Section 2 of the Administrative Review Act which \u201cshall not be employed\u201d in those cases coming within the terms of that Act. The Supreme Court has held that the power of the court in a proceeding under this Act is confined to affirming or reversing the decision of the administrative agency or remanding the cause for the taking of additional evidence. \u201cThere is no provision for the joinder of a mandamus action for the restoration to the position and an action for back wages.\u201d (Drezner v. Civil Service Commission, 398 Ill. 219 at p. 232.)\nMore important, however, is the fact that here the decision of the Board in question was based upon an exercise of administrative discretion. In such cases mandamus has never been available to control the exercise of that discretion unless it has been abused. (People ex rel. Jones v. Webb, 256 Ill. 364; People ex rel. Elmore v. Allman, 382 Ill. 156.) We believe the Circuit Court properly dismissed plaintiff\u2019s original petition and Count I of his amended petition, both of which sought a writ of mandamus.\nOne question remains \u2014 whether the Circuit Court should have affirmed the action of the Board of Fire and Police Commissioners. The Circuit Court found that that Board was vested with a choice of laying off one of two firemen of equal rank who were hired on the same day. It chose to retain the one who had prior service in the department. We believe this was a sufficient reason to justify the Board\u2019s choice. Certainly there is no proof that the Board acted arbitrarily or from corrupt motives or that the finding of the Board was contrary to the manifest weight of the evidence. We therefore believe that the Circuit Court of Edgar County properly affirmed the action of the Board.\nJudgment affirmed.",
        "type": "majority",
        "author": "PRESIDING JUSTICE HIBBS"
      }
    ],
    "attorneys": [
      "J. L. Sullivan, of Paris, for appellant.",
      "Hartman Schwartz, and Robert I. Trogdon, both of Paris, for appellees."
    ],
    "corrections": "",
    "head_matter": "Raymond Thompson, Plaintiff-Appellant, v. J. Albert Roberts et al., as Members of Board of Fire and Police Commissioners of City of Paris, County of Edgar, State of Illinois; Horace Lawler et al., as Mayor and City Commissioners of City of Paris, County of Edgar, State of Illinois, DefendantsAppellees.\nGen. No. 10,027.\nThird District.\nFebruary 14, 1956.\nRehearing denied March 14, 1956.\nReleased for publication March 14, 1956.\nJ. L. Sullivan, of Paris, for appellant.\nHartman Schwartz, and Robert I. Trogdon, both of Paris, for appellees."
  },
  "file_name": "0093-01",
  "first_page_order": 107,
  "last_page_order": 110
}