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SCHALZ v. McHENRY CO. SHERIFF'S MER. COM.

No. 2-84-0631.

135 Ill. App.3d 657 (1985)

482 N.E.2d 127

MATTHEW SCHALZ et al., Plaintiffs-Appellants, v. THE McHENRY COUNTY SHERIFF'S DEPARTMENT MERIT COMMISSION et al., Defendants-Appellees.

Appellate Court of Illinois — Second District.

Opinion filed August 12, 1985.

Attorney(s) appearing for the Case

Thomas F. McGuire, of Thomas F. McGuire & Associates, Ltd., of Long Grove, for appellants.

Neil F. Hartigan, Attorney General, of Springfield (Edward J. King and Vincenzo Chimera, Assistant Attorneys General, of Chicago, of counsel), for appellees.

Reversed and remanded.

JUSTICE SCHNAKE delivered the opinion of the court:

Plaintiffs, full-time deputy sheriffs, challenged the authority of the defendant, the McHenry County Sheriff's Department Merit Commission (the commission) to enact a rule pertaining to their secondary employment. In the circuit court plaintiffs sought declaratory and injunctive relief, and from the granting of the commission's motion for

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