Legal Opinion

Board of Education of Bremen High School District No. 228 v. Mitchell

Appellate Court of Illinois

Decided December 10, 2008No. 1-08-0139PublishedCited by 10 opinions

1Opinion of the CourtJustice Theis

Plaintiff Board of Education of Bremen High School District No. 228 (the Board) appeals from an order dismissing its complaint for administrative review for lack of standing because it was not the party of record in the administrative proceeding below. On appeal, the Board contends that it was the proper plaintiff because, pursuant to the Illinois School Code (105 ILCS 5/1 — 1 et seq. (West 2006)) (School Code), a board of education is the body politic and corporate authorized to employ defendant and to sue and be sued on behalf of a school district. In response, defendant argues that Bremen…

2Cases cited16 opinions

  1. The People v. DeatherageIllinois Supreme Court · 1948
  2. Ultsch v. Illinois Municipal Retirement FundIllinois Supreme Court · 2007
  3. Carson Pirie Scott & Co. v. State of Illinois Department of Employment SecurityIllinois Supreme Court · 1989
  4. Bd. of Educ., Joliet Tp. v. Bd. of Educ.Illinois Supreme Court · 2008
  5. Cooney v. Society of Mt. CarmelIllinois Supreme Court · 1979

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3Cited by10 opinions

  1. Bremen Community High School District No. 228 v. The Cook County Comm'n on Human RightsAppellate Court of Illinois · 2012
  2. Veazey v. Rich Township High School District 227Appellate Court of Illinois · 2016
  3. Aase v. East Peoria Community School District 309District Court, C.D. Illinois · 2025
  4. G.C. by and through her parent and legal guardian A.C. v. Rock Island-Milan School District No. 41District Court, C.D. Illinois · 2024
  5. Gatlin v. Ridgeland School District 122District Court, N.D. Illinois · 2025

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