McBride v. State of Illinois

In McBride v. State of Illinois, 59 Ill.Ct.Cl. 268 (2007), the Court considered a similar claim for 10-55(a) attorney fees. There, the Illinois Environmental Protection Agency (the "IEPA") had charged the Claimant with "gross misconduct" in connection with the alleged dumping of waste into the environment. An administrative hearing officer dismissed the claims due to lack of evidence, and the claimant sought recovery of his fees in this Court. In denying the Claimant's claim, the Court found that the Claimant had not met his burden of proof to show that the IEPA had acted without reasonable cause in alleging "gross misconduct" in the first place. "The hearing officer found that there was a discharge..., but that the discharge was 'essential maintenance' allowed by the State..." the Court wrote, "It cannot be said that the allegations made in the Amended Complaint were without reasonable cause." Id.