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TULLY v. EDGAR

No. 80076.

664 N.E.2d 43 (1996)

171 Ill.2d 297

215 Ill.Dec. 646

John F. TULLY, Indiv. and on Behalf of All Others Similarly Situated, Appellee, v. Jim EDGAR, Governor of the State of Illinois, et al., Appellants (Gloria Jackson Bacon et al., Sued in Their Official Capacity as Trustees of the University of Illinois, Appellees).

Supreme Court of Illinois.

March 21, 1996.

Attorney(s) appearing for the Case

James E. Ryan, Attorney General, Civil Appeals Div., Springfield (Barbara A. Preiner, Solicitor General, and Barbara E. Pitts, Asst. Attorney General, Chicago, of counsel), for Jim Edgar.

William J. Harte, William J. Harte, Ltd., Joseph E. Tighe, Chicago, for John F. Tully.

Jenner & Block, William D. Heinz, Chicago, for Gloria Jackson Bacon, M.D., William D. Englebrecht, Jeffrey Gindorf, Susan L. Gravenhorst, Thomas F. Lamont, Ada N. Lopez, Martha O'Malley, Judith R. Reese.

Lee J. Schwartz, Chicago, for Judith Ann Calder.

Dennis A. Rendleman, Illinois State Bar Association, Springfield, amicus.

Chief Justice BILANDIC delivered the opinion of the court:

The plaintiff, John Tully, brought a declaratory judgment action in the circuit court of Cook County against the Governor of the State of Illinois and President of the Illinois Senate (the appellants) and the nine elected trustees of the Board of Trustees of the University of Illinois, challenging the constitutionality of Public Act 89-5, "An Act Relating to the University of Illinois" (the Act) (Pub.Act 89...

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