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AMERICAN FEDERATION, COUNCIL 31 v. RYAN

No. 5-02-0719.

807 N.E.2d 1235 (2004)

347 Ill. App.3d 732

283 Ill.Dec. 394

AMERICAN FEDERATION OF STATE, COUNTY AND MUNICIPAL EMPLOYEES, COUNCIL 31, a Labor Union, William Mudge, the State's Attorney of Madison County, on Behalf of the People of Madison County, and Gina Rives, an Executive Board Member of AFSCME Local 124, Plaintiffs-Appellees, v. George RYAN, the Governor of the State of Illinois, and Linda Renee Baker, the Secretary of the Illinois Department of Human Services, Defendants-Appellants.

Appellate Court of Illinois, Fifth District.

April 6, 2004.

Attorney(s) appearing for the Case

James E. Ryan, Attorney General, J. William Roberts, Michael J. Leech, Steven M. Puiszis, Special Assistant Attorneys General, Hinshaw & Culbertson, Chicago, IL; John E. Sabo, Stephen R. Swofford, Special Assistant Attorneys General, Hinshaw & Culbertson, Belleville, IL, for Appellants.

Gilbert Feldman, Cornfield and Feldman, Chicago, IL, for AFSCME, Council 31 and Gina Rives.

John McGuire, Assistant State's Attorney, Edwardsville, IL, for William Mudge.

Presiding Justice CHAPMAN delivered the opinion of the court:

The defendants, Illinois Department of Human Services Secretary Linda Renee Baker and former Governor George Ryan, appealed an order of the Madison County circuit court that enjoined the Department of Human Services (DHS) from closing the Alton Mental Health Center (Alton) and ordered it to follow the procedures contained in the Illinois Health Facilities Planning Act (Planning Act) (20 ILCS 3960/1 et...

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