Perry v. Department of Financial & Professional Regulation

Illinois Appellate Court
Civil Court
FOIA
Citation
Case Number: 
2016 IL App (1st) 161780
Decision Date: 
Friday, April 14, 2017
District: 
1st Dist.
Division/County: 
Cook Co., 6th Div.
Holding: 
Affirmed.
Justice: 
ROCHFORD

Plaintiffs filed action under FOIA seeking disclosure of a complaint filed with Defendant against Plaintiff's structural engineer's license, and reasonable attorney's fees, and for civil penalties on basis that Defendant acted in bad faith by failing to disclose the Complaint. When a statutory amendment affects only present or future disclosure of information and does not otherwise impair anyone's rights as to completed transactions made in reliance on prior law, application of amendment has no impermissible retroactive effect, and thus amendment must be applied by court if it is in effect at time of court's decision. Section 2015-117 of Civil Administrative Code exempts only the complaints and exhibits from present or future, and does not otherwise impair Plaintiffs' rights as to any completed transactions made in reliance on prior law. No attorney's fees awarded as Plaintiffs did not prevail in FOIA proceeding.(CUNNINGHAM, concurring; DELORT, dissenting.)