Plaintiff brought suit on its own behalf and on behalf of a not-for-profit organization of which it was a member, against the directors of the not-for-profit organization and the organization itself seeking removal of the directors from the board pursuant to the General Not for Profit Corporation Act. The complaint also alleged that the organization violated FOIA. The trial court dismissed the complaint and plaintiff appealed. The appellate court vacated the trial court’s order and remanded for further proceedings, finding that the plaintiff had standing to file a derivative action seeking to remove the directors and finding that while the not-for-profit organization was an independent legal body from the public body, that fact alone could not establish that it was not a subsidiary body under FOIA. (BRENNAN and HUDSON, concurring)
Illinois Appellate Court
Civil Court
FOIA
Derivative Action