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BOARD OF EDUCATION v. MITCHELL

No. 1-08-0139.

899 N.E.2d 1160 (2008)

The BOARD OF EDUCATION OF BREMEN HIGH SCHOOL DISTRICT NO. 228, Plaintiff-Appellant, v. Richard C. MITCHELL, Defendant-Appellee. (The Board of Review of the Department of Employment Security; J. Hunt Bonan, as Chairman of the Board of Review; William J. Nolan and Stanley L. Drassler, Jr., as Members of the Board of Review; The Department of Employment Security; and James P. Sledge, as Director of the Department of Employment Security, Defendants.)

Appellate Court of Illinois, First District, Third Division.

December 10, 2008.

Attorney(s) appearing for the Case

Raymond A. Hauser, Christopher L. Petrarca, Jane E. Li, Hauser, Izzo, DeTella & Petrarca, LLC, Flossmoor, IL, for Plaintiff-Appellant.

James P. Madigan, Lamba Legal, Chicago, IL, for Defendant-Appellee.

Justice THEIS delivered the opinion of the court:

Plaintiff Board of Education of Bremen High School District No. 228 (the Board) appeals from an order dismissing its complaint for administrative review for lack of standing because it was not the party of record in the administrative proceeding below. On appeal, the Board contends that it was the proper plaintiff because, pursuant to the Illinois School Code (105 ILCS 5/1-1 et seq. (West 2006)) (School Code...

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