Legal Opinion · Dissent

Board of Education of Plainfield Community Consolidated School District No. 202 v. Illinois Educational Labor Relations Board

Appellate Court of Illinois

Decided May 21, 1986No. 4-85-0659Published

1Dissent

PRESIDING JUSTICE McCULLOUGH,

dissenting:

The appeal is not timely filed. The majority determines that the appeal is timely filed and bases its decision upon section 1100.30(c) of title 80, chapter III, of the Illinois Administrative Code (80 Ill. Admin. Code, ch. III, sec. 1100.30(c) (1984)).

The majority gives credence only to the first sentence of subsection (c) which provides that the time period begins running upon the service of notice or other document upon the party. Three days shall be added to the prescribed period. The words “prescribed period” makes this sentence ambiguous to say the…

2Cases cited12 opinions

  1. Fredman Bros. Furniture Co. v. Department of RevenueIllinois Supreme Court · 1985
  2. DeGrazio v. Civil Service CommissionIllinois Supreme Court · 1964
  3. Northern Illinois Automobile Wreckers & Rebuilders Ass'n v. DixonIllinois Supreme Court · 1979
  4. Dornfeld v. JulianIllinois Supreme Court · 1984
  5. Heifner v. Board of Education of Morris Community High School District No. 101Appellate Court of Illinois · 1975

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