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POINDEXTER v. STATE

No. 104853.

890 N.E.2d 410 (2008)

229 Ill.2d 194

Robert N. POINDEXTER et al., Appellants, v. The STATE of Illinois, Acting Through the DEPARTMENT OF HUMAN SERVICES, et al., Appellees.

Supreme Court of Illinois.

Rehearing Denied May 27, 2008.

Attorney(s) appearing for the Case

Duane D. Young, Dawn D. Behnke, of LaBarre, Young & Behnke, Springfield, for appellants.

Lisa Madigan, Attorney General, Springfield (Michael A. Scodro, Solicitor General, Carl J. Elitz, Elaine Wyder-Harshman, Assistant Attorneys General, Chicago, of counsel), for appellees.

OPINION

Justice FITZGERALD delivered the judgment of the court, with opinion:

This appeal arises out of the state's administrative efforts to recover from plaintiffs costs of their respective spouses' nursing home care. Rather than exhausting administrative remedies, plaintiffs filed a suit for declaratory and injunctive relief in the circuit court of Sangamon County. They asserted that the state spousal support provisions (305 ILCS 5/10-1 through 10-28...

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