{
  "id": 5335643,
  "name": "Samuel M. McKendree, Claimant, vs. State of Illinois, Secretary of State, Respondent",
  "name_abbreviation": "McKendree v. State of Illinois, Secretary of State",
  "decision_date": "1973-03-22",
  "docket_number": "No. 4820",
  "first_page": "229",
  "last_page": "230",
  "citations": [
    {
      "type": "official",
      "cite": "28 Ill. Ct. Cl. 229"
    }
  ],
  "court": {
    "name_abbreviation": "Ill. Ct. Cl.",
    "id": 8793,
    "name": "Illinois Court of Claims"
  },
  "jurisdiction": {
    "id": 29,
    "name_long": "Illinois",
    "name": "Ill."
  },
  "cites_to": [],
  "analysis": {
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  "last_updated": "2023-07-14T21:35:37.652347+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
  },
  "casebody": {
    "judges": [],
    "parties": [
      "Samuel M. McKendree, Claimant, vs. State of Illinois, Secretary of State, Respondent."
    ],
    "opinions": [
      {
        "text": "Burks, J.\nClaimant alleged that his restricted driver\u2019s license had been suspended by the Secretary of State \u201cwithout legal justification\u201d and claims damages for his financial loss, inconvenience, and distress resulting from the loss of his driving privileges.\nWe find that the facts in the record appear to support the actions of the Secretary of State as being proper and in accordance with the statutes.\nIn any event, this claim is barred by claimant\u2019s failure to pursue his proper remedy under the \u201cAdministrative Review Act\u201d Ch. 110, Sec. 265, Ill.Rev.Stat. Such judicial review of any final act of the Secretary of State under the \u201cIllinois Driver Licensing Law\u201d Ch. 95\u00bd, Sec. 6-421, Ill.Rev.Stat. [substantially the same as Sec. 73.11 which was in effect when this claim was filed] was then, as it would be now, the first remedy a claimant must pursue, in this type of cause, before he can seek a determination of a claim for damages in this court. Court of Claims Act Sec. 25.\nAlthough claimant subsequently obtained a restricted driver\u2019s license, we have no authority to conclude that his license was wrongfully revoked or suspended during the interim period for which he claims damages. Such a finding could only have been made by a court of competent jurisdiction.\nAt the time this action was brought, claimant could have obtained a judicial review of the Secretary\u2019s action in the Circuit Court of Vermilion County. Jurisdiction to review such matters is now restricted to the Circuit Courts of Sangamon or Cook Counties as stated in the following provision of the \u201cIllinois Drivers\u2019 Licensing Law\u201d:\n\u201c\u00a76-421 Judicial review. The action of the Secretary in cancelling, suspending, revoking or denying any license under this Act shall be subject to judicial review in the Circuit Court of Sangamon County or the Circuit Court of Cook County, and the provisions of the Administrative Review Act, approved May 8, 1945, and all amendments and modifications thereto, and the rules adopted pursuant thereto, are hereby adopted and shall apply to and govern every action for judicial review of the final acts or decisions of the Secretary under this Act.\u201d\nThis claim is hereby denied.",
        "type": "majority",
        "author": "Burks, J."
      }
    ],
    "attorneys": [
      "Unger, Litak & Groppi, Attorney for Claimant.",
      "William G. Clark, Attorney General; C. Arthur Nebel, Assistant Attorney General, for Respondent."
    ],
    "corrections": "",
    "head_matter": "(No. 4820\nSamuel M. McKendree, Claimant, vs. State of Illinois, Secretary of State, Respondent.\nOpinion filed March 22, 1973.\nUnger, Litak & Groppi, Attorney for Claimant.\nWilliam G. Clark, Attorney General; C. Arthur Nebel, Assistant Attorney General, for Respondent."
  },
  "file_name": "0229-01",
  "first_page_order": 247,
  "last_page_order": 248
}