Opinion

Union County Regional Board of School Trustees v. Union County Historical Society, Inc.

  • 52 Ill. App. 3d 458
  • 10 Ill. Dec. 153
  • 367 N.E.2d 541
  • 1977 Ill. App. LEXIS 3312
Court
Appellate Court of Illinois
Filed
Sep 8, 1977
Status
Published
Author
Eberspacher
On the bench
Eberspacher, Karns
Cited by
3 cases

The opinion

Mr. JUSTICE EBERSPACHER, dissenting:

I am of the opinion that the General Assembly in granting the power to lease unneeded school property to a “body politic and corporate” in addition to the power to lease to such specifically defined bodies as school districts and municipalities, intended to grant the power to any corporate being that served any governmental or quasi governmental function. By the enactment of section 1 of “An Act to provide for the better preservation of official documents and records of historical interest” (Ill. Rev. Stat. 1975, ch. 128, par. 18) the General Assembly has acknowledged and recognized an incorporated historical society as a proper body to carry out a governmental function. I consider such construction to be consistent with the application of the rule of ejusdem generis in the construction of the provision of the School Code granting power to lease unneeded school property.

I would therefore reverse the judgment of the circuit court and declare the lease valid.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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