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BD. OF EDUC. OF RICH TP. v. STATE BD.

No. 1-11-0182.

965 N.E.2d 13 (2011)

358 Ill. Dec. 285

The BOARD OF EDUCATION OF RICH TOWNSHIP HIGH SCHOOL DISTRICT NO. 227, Plaintiff-Appellant, v. ILLINOIS STATE BOARD OF EDUCATION; Jesse H. Ruiz, Board Chair; Christopher J. Ward, Vice Chair; Vinni M. Hall, Board Secretary; James W. Baumann, Member; Andrea S. Brown, Member; David L. Fields, Member; Steven R. Gilford, Member; Lanita J. Koster, Member; Melinda A. Labarre, Member; Christopher Koch, State Superintendent of Education; and Southland College Prep Charter School, Inc., Defendants-Appellees.

Appellate Court of Illinois, First District, Sixth Division.

December 30, 2011.

Attorney(s) appearing for the Case

Anthony G. Scariano , Daniel P. Field , Adam Dauksas , Scariano, Himes & Petrarca, Chtrd., Chicago, for appellant.

Lisa Madigan , Attorney General, ( Mary E. Welsh , Assistant Attorney General, Michael A. Scodro , Solicitor General, of counsel), and Robert R. Hall, Jr. , and Brandon K. Lemley , both of Querrey & Harrow, Chicago, for appellees.

OPINION

Justice GARCIA delivered the judgment of the court, with opinion.

¶ 1 The defendant Southland College Prep Charter School, Inc. (Southland) submitted an application to the plaintiff the Board of Education of Rich Township High School District No. 227 (District 227) to open a charter school within its boundaries in the fall of 2010. District 227 rejected Southland's proposal in February 2010. Pursuant to the Illinois Charter Schools Law (105...

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