Schlenz v. Castle

On October 2, 1979, we filed our original opinion in this cause; on October 4, 1979, the supreme court announced its decision in Roth v. Yackley (1979), 77 Ill. 2d 423, 396 N.E.2d 520, which we discuss later; on October 19,1979, plaintiffs filed a petition for rehearing; on November 19, 1979, we granted rehearing, but the defendants thereafter did not file an answer to the petition as allowed by Supreme Court Rule 367(d) (Ill. Rev. Stat. 1977, ch. 110A, par. 367(d)). Having considered the arguments raised by plaintiffs on rehearing, we have withdrawn our original opinion and replaced it with…