Publications

Hites v. Waubonsee Community College

Illinois Appellate Court
Civil Court
Freedom of Information Act
Citation
Case Number: 
2018 IL App (2d) 170617
Decision Date: 
Friday, July 20, 2018
District: 
2d Dist.
Division/County: 
Kane Co.
Holding: 
Reversed and remanded.
Justice: 
SPENCE

Court erred in granting Section 2-619 motion to dismiss complaint, seeking both physical and electronic records pursuant to FOIA, on basis of section 3(g) undue-burden exemption of FOIA. Findings of court on necessary elements of an undue burden were either absent or against manifest weight of evidence. Record did not support that burden of compliance with FOIA requests outweighed public interest in the information. (HUDSON and SCHOSTOK, concurring.)