# Polich v. Chicago School Finance Authority

> Illinois Supreme Court · March 11, 1980 · 79 Ill. 2d 188

URL: https://www.frixlaw.com/law-library/cases/9529576

## Case

- **Full name:** PATRICIA POLICH Et Al., Petitioners, v. CHICAGO SCHOOL FINANCE AUTHORITY Et Al., Respondents
- **Court:** Illinois Supreme Court
- **Decided:** March 11, 1980
- **Citations:** 79 Ill. 2d 188; 37 Ill. Dec. 357; 402 N.E.2d 247; 1980 Ill. LEXIS 290
- **Precedential status:** Published
- **Opinion:** Dissent by Moran
- **Judges:** Goldenhersh, Moran
- **Cited by:** 22 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9529576

## Opinion text

MR. JUSTICE MORAN, dissenting:
This court may issue a declaratory judgment only if an actual controversy exists. (Underground Contractors Association v. City of Chicago (1977), 66 Ill. 2d 371, 375 ; Dean Milk Co. v. City of Aurora (1949), 404 Ill. 331, 334 .) It cannot issue an advisory opinion based on the possibility of future harm or injury. (Exchange National Bank v. County of Cook (1955), 6 Ill. 2d 419, 422 ; Dee-El Garage, Inc. v. Korzen (1972), 53 Ill. 2d 1, 11 .) In the case before us, the majority admits that there is no actual controversy but fails to explain why such deficiency does not act to prevent the court from taking original jurisdiction. The plaintiffs only “fear” that the obligations due them may be impaired by the School Finance Authority Act (Pub. Act 81—1221). To address those “fears” would be to merely render an advisory opinion. It is only when those fears become a reality that a declaratory judgment may properly be brought.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9529576. Public record. Not legal advice.