Horan v. Foley

This is an action for a declaratory judgment. Plaintiff, John F. Horan, an employee of the Metropolitan Sanitary District of Greater Chicago, seeks a judgment declaring that the defendants, members of the Civil Service Board of the District, have lost jurisdiction to hear or to determine charges filed against him. Defendants appeal from a judgment on the pleadings in favor of plaintiff, entered after a denial of their motion to dismiss.

The principal question is whether plaintiff was entitled to judicial relief before he had exhausted the administrative remedies available to him. Plaintiff’s…