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PEOPLE EX REL. HANSEN v. PHELAN

Nos. 1-92-2915, 1-92-2931.

628 N.E.2d 160 (1993)

255 Ill. App.3d 113

194 Ill.Dec. 663

The PEOPLE of the State of Illinois ex rel. Carl R. HANSEN, Mary M. McDonald, Herbert T. Schumann, Jr., Richard A. Seibel, in their capacities as members of the Board of Commissioners of Cook County and as taxpayers, Plaintiffs-Appellants, v. Richard J. PHELAN, as President and member of the Board of Commissioners of Cook County, Edward Rosewell, Treasurer of Cook County, John T. Chambers, Comptroller of Cook County and Ruth Rothstein, Director of Cook County Hospitals, Defendants-Appellees. John H. STROGER, Jr., in his capacity as a member of the Board of Commissioners of Cook County and as a taxpayer, Intervenor-Plaintiff-Appellant, v. Richard J. PHELAN, as President and member of the Board of Commissioners of Cook County, Edward Rosewell, Treasurer of Cook County, John T. Chambers, Comptroller of Cook County and Ruth Rothstein, Director of Cook County Hospitals, Defendants-Appellees.

Appellate Court of Illinois, First District, Second Division.

March 16, 1993.

Attorney(s) appearing for the Case

Hoogendoorn, Talbot, Davids, Godfrey & Milligan, Chicago (James A. Davids, David A. Shaneyfelt, Bruce J. VanHeukelem, of counsel), Morris, Rathnau and De LaRose, Chicago (Joseph A. Morris, of counsel), for plaintiffs-appellants.

Holstein, Mack & Klein, Chicago (Anthony B. Bass, Robert S. Kipnis, Allyson Bouldon, of counsel), for intervenor-plaintiff-appellant.

Jack O'Malley, State's Atty. of Cook County, Chicago (Susan Getzendanner, Sp. Asst. State's Atty., Joseph L. Fogel, Kimberley K. Baer, Martha J. Burns, of counsel), for defendants-appellees.

The Roger Baldwin Fdn. of ACLU, Inc., Chicago (Colleen K. Connell, Dorothy Zimbrakos, of counsel), for amici curiae.

Justice SCARIANO delivered the opinion of the court:

Plaintiffs appeal from the trial court's order denying their petition for a preliminary injunction and dissolving the temporary restraining order it had previously entered. We affirm.

The facts in this case are almost entirely undisputed, as is evidenced by a stipulation in writing entered into by the parties. From 1973 to 1980, elective abortions were being regularly performed at Cook County Hospital when...

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