The Chicago Tribune v. The College of DuPage

Illinois Appellate Court
Civil Court
FOIA
Citation
Case Number: 
2017 IL App (2d) 160274
Decision Date: 
Tuesday, May 9, 2017
District: 
2d Dist.
Division/County: 
DuPage Co.
Holding: 
Affirmed and remanded.
Justice: 
SPENCE

Plaintiff filed suit against Defendants pursuant to FOIA seeking disclosure of federal grand jury subpoena served on College Foundation. Court properly granted Plaintiff's motion as to both Defendants and held that subpoena was subject to disclosure under Section 7(2) of FOIA. Court properly granted Plaintiff's motion for summary judgment, and properly ruled that Foundation is not a subsidiary public body under FOIA.Foundation is performing a governmental function on behalf of College, by its Memorandum of Understanding between the two, and its activities on behalf of College encompass far more than charitable fundraising. Circuit court will have jurisdiction to consider a subsequent attorney's fee petition that is timely filed. (McLAREN and HUTCHINSON, concurring.)