Yarger v. Board of Regents of Regency Universities

This is a direct appeal from a judgment of the circuit court of Sangamon County holding “An Act in regard to the retail sale of merchandise by or on the property of State institutions of higher learning” (Ill. Rev. Stat. 1981, ch. 144, par. 251) (the Act) to be unconstitutional. The circuit court’s ground was that the statute was not enacted according to constitutional requirements and thus was void. The direct appeal was brought under our Rule 302(a)(1) (87 Ill. 2d R. 302(a)(1)).

On April 7, 1982, the plaintiffs, William C. and Orval J. Yarger, filed a complaint in the circuit court of…