BOARDS OF ED. OF SCH. DISTRICTS, ETC. v. CRONIN

No. 77-521.

370 N.E.2d 19 (1977)

54 Ill. App.3d 584

12 Ill.Dec. 396

The BOARDS OF EDUCATION OF SCHOOL DISTRICTS 67, 68, 69, 70, 71, 72, 73½, 74 AND 219, all IN COOK COUNTY, collectively referred to as Niles Township Department of Special Education, and the Boards of Education of School Districts 62, 63, 64 and 207, all in Cook County, collectively referred to as Maine Township Special Education Program, Plaintiffs-Appellants, v. Joseph CRONIN, State Superintendent of Education of the State of Illinois, and the Illinois Office of Education, Defendants-Appellees.

Appellate Court of Illinois, First District, Fifth Division.

October 28, 1977.


Attorney(s) appearing for the Case

Allyn J. Franke and Ralph Miller, Franke & Miller, Chicago, for plaintiffs-appellants.

William J. Scott, Atty. Gen. of the State of Illinois (Paul V. Esposito, Asst. Atty. Gen., of counsel), for defendants-appellees.


MEJDA, Justice:

Plaintiffs appeal from a summary judgment wherein the trial court found that plaintiffs' claims against defendants for reimbursement of funds for extraordinary services provided to handicapped children are barred by sovereign immunity, and that the circuit court is accordingly without jurisdiction to provide such relief. On appeal plaintiffs contend that here where an appropriation has been made by the state legislature for the relief sought (i. e...

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