Express Valet v. The City of Chicago

              First Division
May 29, 2007
No. 1-05-3998
EXPRESS VALET, INC., and
FRANK ESPOSITO,
Petitioners-Appellants,
v.
THE CITY OF CHICAGO, a Municipal
Corporation,
Respondent-Appellee.
))))))))))))
Appeal from
the Circuit Court
of Cook County
05 MI 450322
03 MI 450989
Honorable
Edna M. Turkington,
Judge Presiding.
PRESIDING JUSTICE McBRIDE delivered the opinion of the court:
Petitioners, Express Valet, Inc., and Frank Esposito, appeal from orders of the circuit
court of Cook County affirming the decisions of the Department of Administrative Hearings
(DOAH). The DOAH initially found petitioners liable for violating multiple sections of the
Municipal Code of Chicago (the Code) arising out the operation of a valet parking service in the
City of Chicago, and imposed various fines based upon those violations. On administrative
review, the circuit court affirmed the DOAH’s findings as to liability, but remanded the matter to
the DOAH for a new hearing on fines. Following that hearing, the DOAH imposed new fines on
petitioners for their violations of the Code, and the DOAH’s decision was affirmed by the circuit
court on administrative review.
Petitioners appeal, contending that (1) the record filed by the City of Chicago (the City) as
its answer to the initial complaint for administrative review failed to comply with section 3-108 of
the Administrative Review Law (735 ILCS 5/3-108(b) (West 2002)); (2) that the DOAH erred by
finding that the fines imposed were the individual responsibility of Esposito rather than the