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Thompson v. Board of Commissioners

ILLINOIS APPELLATE COURT — SECOND DISTRICT.


MARCH 26, 1971.

MARGARET E. THOMPSON, PLAINTIFF-APPELLANT,

v.

BOARD OF COMMISSIONERS OF THE OAK BROOK PARK DISTRICT OF DU PAGE COUNTY, ILLINOIS, DEFENDANT-APPELLEE.

APPEAL from the Circuit Court of Du Page County; the Hon. WILLIAM GUILD, Judge, presiding.

MR. JUSTICE SEIDENFELD DELIVERED THE OPINION OF THE COURT:

Plaintiff brought an action pursuant to the Administrative Review Act (Ill. Rev. Stat. 1969, ch. 110, par. 264 et seq.) seeking to review the adoption of the Park District's annual budget and appropriation ordinance. The appeal is taken from the judgment order of the trial court which sustained defendant's motion to dismiss the complaint with prejudice.

• 1 Since the Park District Code (Ill. Rev. Stat. 1969, ch. 105) contains no language adopting the provisions of the Administrative Review Act, judicial review under that act is not available to plaintiff. White v. Board of Appeals (1970), 45 Ill.2d 378, 381; Ross v. Chicago Land Clearance Com. (1952), 413 Ill. 377, 381.

• 2 Plaintiff has also sought to challenge the constitutionality of the provisions of the Administrative Review Act limiting such review to the final decisions of such administrative agencies which, by express reference, adopt the provisions of the Administrative Review Act (Ill. Rev. Stat. 1969, ch. 110, supra, par. 265). This point was not raised or passed upon by the trial court and is therefore not presented to us for review. *fn1 Koplin v. Saul Lerner Co. (1963), 29 Ill.2d 451, 454; Shilvock v. Retirement Board (1940), 375 Ill. 68, 72.

The judgment below is affirmed.

Judgment affirmed.

T. MORAN, P.J., and ABRAHAMSON, J., concur.


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