Chicago Recycling Coalition v. City of Chicago Department of Streets and Sanitation

Plaintiff appealed from the circuit court’s grant of summary judgment in favor of the defendant on plaintiff’s complaint alleging violations of the Freedom of Information Act. The appellate court affirmed, finding that the circuit court did not err when it concluded that the defendant’s search for missing third-party reports was adequate and consistent with FOIA and that public bodies are not required to make a demand on a third-party who is delinquent or otherwise non-compliant with its obligation to submit reports. The appellate court further found that the circuit court properly granted summary judgment for defendant relating to a request for raw data based on an undisputed affidavit stating that the defendant did not keep such data. (C.A. WALKER and ODEN JOHNSON, concurring and specially concurring)