YARGER v. BOARD OF REGENTS OF REGENCY UNIVERSITIES

No. 57688.

98 Ill.2d 259 (1983)

456 N.E.2d 39

WILLIAM C. YARGER et al., Appellants, v. THE BOARD OF REGENTS OF REGENCY UNIVERSITIES et al.

Supreme Court of Illinois.

Rehearing denied December 2, 1983.


Attorney(s) appearing for the Case

Fred B. Moore, of Livingston, Barger, Brandt, Slater & Schroeder, of Bloomington, for appellants.

Sue E. Myerscough of Giffin, Winning, Lindner, Newkirk, Cohen & Bodewes, P.C., of Springfield, for appellee Board of Regents of Regency Universities.

Eugene L. Resnick, Christopher A. Hansen, and Terence J. Coogan, of Seyfarth, Shaw, Fairweather & Geraldson, of Chicago, for appellee Follett College Stores.


Judgment affirmed.

JUSTICE WARD delivered the opinion of the court:

This is a direct appeal from a judgment of the circuit court of Sangamon County holding "An Act in regard to the retail sale of merchandise by or on the property of State institutions of higher learning" (Ill. Rev. Stat. 1981, ch. 144, par. 251) (the Act) to be unconstitutional. The circuit court's ground was that the statute was not enacted according to constitutional requirements and thus...

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