Plaintiff sued Metropolitan Pier and Exposition Authority (MPEA) and Navy Pier, Inc. (NPI) under Freedom of Information Act (FOIA), seeking records pertaining to operation of Navy Pier. NPI performs a governmental function on behalf of MPEA, and the records Plaintiff requested directly relate to NPI's performance of that governmental function. Court properly granted Plaintiff's motion for summary judgment on count of complaint that alleged that MPEA violated FOIA on alternative theory that NPI performed a governmental function on MPEA's behalf and thus MPEA had a duty to produce public records in NPI's possession that relate directly to that function. MPEA, as a public body, bears burden of proving that records requested fall within an exemption, but MPEA did not attempt to meet that burden. Because NPI is not a subsidiary body of MPEA, court properly granted judgment for NPI on 2 counts of complaint that sought judgment declaring that NPI served as a public body obliged to respond directly to FOIA requests. (HYMAN and COGHLAN, concurring.)
Illinois Appellate Court
Civil Court
FOIA