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SHIVELY v. BELLEVILLE TOWNSHIP HIGH SCHOOL DIST. NO. 201

No. 5-00-0177.

769 N.E.2d 1062 (2002)

329 Ill. App.3d 1156

264 Ill.Dec. 225

Joe SHIVELY, Plaintiff-Appellee and Cross-Appellant, v. BELLEVILLE TOWNSHIP HIGH SCHOOL DISTRICT NO. 201 and The Board of Education, Belleville Township High School District No. 201, Defendants (Korte Construction Company, Defendant-Appellant and Cross-Appellee).

Appellate Court of Illinois, Fifth District.

Rehearing Denied June 12, 2002.

Attorney(s) appearing for the Case

Michael E. Wilson, Greensfelder, Hemker & Gale, P.C. St., Louis, MO; Joseph B. McDonnell, Greensfelder, Hemker & Gale, Swansea, for Korte Construction Company.

Nancy Fredman Krent, Heather K. Brickman, Hodges, Loizzi, Eisenhammer, Rodick & Kohn, Arlington Heights; Melinda Selbee, Illinois Association of School Boards, Lombard, for Illinois Association of School Boards, amicus curiae.

Bruce N. Cook, Cook, Ysursa, Bartholomew, Braer & Shevlin, Ltd., Belleville, for Joe Shively.

Justice RARICK delivered the opinion of the court:

The plaintiff, Joe Shively, brought an action in the circuit court of St. Clair County against defendants Belleville Township High School District No. 201 (School District), Leo Hefner, in his capacity as the superintendent of the School District, and the Board of Education, Belleville Township High School District No. 201 (Board). Shively's complaint sought equitable estoppel, a preliminary injunction, and a permanent...

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