noting that when rights at issue derive from the common law, “the time limitation is merely a procedural matter”
How later courts described this case
- noting that when rights at issue derive from the common law, “the time limitation is merely a procedural matter”
- noting that “tolling may occur when equity so requires”
- Illinois precedent indicates that time limitations upon bringing actions before administrative agencies are matters of jurisdiction, which cannot be tolled
- "If the six-month requirement is merely a statute of limitations, tolling may occur when equity so requires."
Written by the judges who cited it.
The opinion
JUSTICE LUND, specially concurring:
I concur with the result of Justice Green’s well-reasoned opinion, except I would not give deference to the expertise of the IELRB as to the issue of jurisdiction versus the statute of limitations. One of the purposes of the Act is to bring a timely end to disputes. The six-month filing provision may well lead to early determination of disputes. We need not set forth the large number of cases relating to tolling of limitations. Needless to say, they represent long delays at the trial level and the appellate level. The delay caused by presenting the tolling issue to the IELRB and then to the appellate courts will result in the sore continuing to fester. There comes a time when teachers and school administrators must feel free of the possibility of litigation resulting from a past incident.