KNUEPFER v. FAWELL

No. 56137.

96 Ill.2d 284 (1983)

449 N.E.2d 1312

JACK T. KNUEPFER, County Board Chairman, Plaintiff, v. BRUCE R. FAWELL, Judge, Defendant.

Supreme Court of Illinois.

Opinion filed January 24, 1983.


Attorney(s) appearing for the Case

J. Michael Fitzsimmons, State's Attorney (George J. Sotos, John A. Davidovich, Roy F. Lawrence, Barbara A. Preiner, and Keith Letsche, Assistant State's Attorneys, of counsel), for plaintiff.

Edward J. Walsh, Jr., of Huck & Walsh, Chartered, of Wheaton, and Stephen J. Culliton, of Civinelli, Bakalis and Culliton, of Bloomingdale, for defendant.

Botti, Marinaccio, Wilkinson, and Maksym, Ltd., of Oak Brook (Aldo E. Botti and Walter P. Maksym, Jr., of counsel), for amicus curiae Urban Counties Council of Illinois.


Writ provisionally denied.

JUSTICE UNDERWOOD delivered the opinion of the court:

This case involves the question as to the circumstances in which the judicial branch of government may properly order production of facilities for its use when the legislative or executive agency primarily responsible for doing so has failed to act. We granted Jack T. Knuepfer, chairman of the Du Page County Board, leave to file this original action seeking a writ of mandamus...

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