Legal Memorandum: Courts grant relief in the form of mandamus as an extraordinary remedy

Issue: Under Illinois law, when will a court grant relief on a complaint seeking mandamus?

Area of Law: Litigation Practice & Procedure, Litigation Practice and Procedure
Keywords: ; Relief; Complaint; Mandamus; Motion to Dismiss; Extraordinary Remedy
Jurisdiction: Illinois
Cited Cases: 980 N.E.2d 1115; 909 N.E.2d 783; 688 N.E.2d 81
Cited Statutes: None
Date: 03/01/2016

"Mandamus is an extraordinary remedy used to compel a public officer to perform nondiscretionary official duties." People ex rel. Senko v. Meersman, 2012 IL 114163, ¶ 9, 980 N.E.2d 1115 (citing People ex rel. Birkett v. Konetski, 233 Ill.2d 185, 192-93, 909 N.E.2d 783, 791 (2009)). For a complaint seeking mandamus relief to withstand a motion to dismiss, "it must allege facts which establish a clear right to the relief requested, a clear duty of the respondent to act, and clear authority in the respondent to comply with the writ." Noyola v. Board of Education of the City of Chicago, 179 Ill.2d 121, 133, 688 N.E.2d 81, 86 (1997).

Cebertowicz. v. Baldwin, No. 4-15-0289, 2016.IL.0000237 (Feb. 4, 2016) (VersusLaw).

Date: March 1, 2016

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