Rasky v. Anderson

Plaintiff, Benjamin A. Rasky, filed suit against defendants, the Department of Registration and Education (Department) and its director, Joan Anderson, seeking a declaratory judgment and injunctive relief. The trial court granted defendants’ motion to dismiss plaintiff’s suit “because the Court finds that the present action is premature and that plaintiff has failed to exhaust his administrative remedies.” Plaintiff on appeal argues that the trial court erred, since the law is that one may attack the constitutionality of a statute on its face without prior resort to related administrative…