TODD v. CHAVIANO

No. 5-17-0081.

120 N.E.3d 533 (2019)

2019 IL App (5th) 170081

Michael TODD, as a Member of the Laborers' International Union of North America Local 459, Belleville, Illinois; and The Midwest Region of the Laborers' International Union of North America, Great Plains District, Southern & Central District, and Southwest Illinois District, Plaintiffs-Appellees, v. Hugo CHAVIANO, in His Official Capacity as Director, and The Illinois Department of Labor, Defendants-Appellants (Associated General Contractors of Illinois; The Underground Contractors Association of Illinois; American Council of Engineering Companies of Illinois; Illinois Society of Professional Engineers; Southern Illinois Builders Association; Illinois Professional Land Surveyors Association; Illinois Road & Transportation Builders Association; Diamond Construction Company; United Contractors Midwest, Inc.; Advanced Asphalt Company; E.T. Simonds; Tarlton Corporation; ARC Design Resources, Inc.; Shive-Hattery, Inc.; PI Surveying Group, P.C.; Robinson Engineering, Ltd.; Prairie Engineers of Illinois, P.C.; Hermann & Associates, L.L.C.; Klinger & Associates, P.C.; McDonough-Whitlow, P.C.; Andrews Engineering, Inc.; Tyson Engineering, Inc.; Bowman, Barrett & Associates, Inc.; Maurer-Stutz, Inc.; Oates Associates, Inc.; Crawford, Murphy & Tilly, Inc.; Ament, Inc.; Alfred Benesch & Company; Chastain & Associates, L.L.C.; Clark Dietz, Inc.; Coombe-Bloxdorf, P.C.; Farnsworth Group, Inc.; Kaskaskia Engineering Group, L.L.C.; SCI Engineering, Inc.; Woolpert, Inc.; Hartke Engineering and Surveying, Inc.; and Poepping, Stone, Bach & Associates, Inc., Putative Intervenors-Appellants).

Appellate Court of Illinois, Fifth District.

Motion to Publish Granted: January 18, 2019.

Opinion Filed: January 18, 2019.


Attorney(s) appearing for the Case

Attorneys for Appellants Andrew J. Martone , Matthew B. Robinson , Hesse Martone, P.C., 13354 Manchester Rd., Suite 100, St. Louis, MO 63131.

Attorney General of Illinois—Civil Division, Laura M. Wunder , Assistant Attorney General, 100 West Randolph Street, 12th Floor, Chicago, IL 60601 (attorneys for Hugo Chaviano).

Attorneys for Appellees Patrick R. Foley , Foley & Kelly, LLC, 107 West Main Street, Suite 4, Belleville, IL 62220; Ellen J. Schanzle-Haskins , 1 North Old State Capitol Plaza, Suite 525, Springfield, IL 62701-1375.

Edward M. Hogan , Nicholas M. Hudalla , Hogan Marren Babbo & Rose, Ltd., 321 North Clark Street, Suite 1301, Chicago, IL 60654-5202 (attorneys for Martin Flanagan) (Amicus Curiae).


OPINION

¶ 1 The defendants, Joe Beyer,1 in his official capacity as acting Director, and the Illinois Department of Labor (Department), appeal the January 20, 2017, order of the circuit court of St. Clair County, which granted a summary judgment...

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