Legal Opinion · Dissent

Relph v. Board of Education of DePue Unit School District No. 103

Appellate Court of Illinois

Decided April 29, 1980No. 79-408Published

1Dissent

Mr. PRESIDING JUSTICE ALLOY,

dissenting:

I respectfully dissent from the majority opinion in this case. In support of my dissent in the instant case, I agree with Justice Stengel in his dissent in Hagopian v. Board of Education (1980), 83 Ill. App. 3d 1097, 1104, wherein he states that:

“The law in Illinois is clear that an appellate court, on later appeal, is not bound by decision on former appeal where in another case the highest court of the same jurisdiction has decided the same matter differently.”

That is the rule of law which should govern in the instant case as well.

- In the instant case,…

2Cases cited18 opinions

  1. People v. VanceIllinois Supreme Court · 1979
  2. Sarah v. ReadIllinois Supreme Court · 1882
  3. Weiland Tool & Manufacturing Co. v. WhitneyIllinois Supreme Court · 1969
  4. Zerulla v. Supreme Lodge Order of Mutual ProtectionIllinois Supreme Court · 1906
  5. Lenard v. Board of EducationIllinois Supreme Court · 1979

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