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McKINLEY FNDTN. v. ILLINOIS DEPT. OF LBR.

No. 4-09-0512.

936 N.E.2d 708 (2010)

The McKINLEY FOUNDATION AT the UNIVERSITY OF ILLINOIS, an Illinois Not-for-Profit Corporation, Plaintiff-Appellee, v. The ILLINOIS DEPARTMENT OF LABOR, and Catherine Shannon, Director of the Illinois Department of Labor, Defendants-Appellants, and Stevens Construction Corporation; A & B Drywall; Chris Green, Inc.; Loch Acoustic; Electri-Tec; and Unknown Subcontractors, Defendants-Appellees.

Appellate Court of Illinois, Fourth District.

September 10, 2010.

Attorney(s) appearing for the Case

Lisa Madigan, Attorney General, Michael A. Scodro, Solicitor General, Jerald S. Post, Assistant Attorney General, Christopher M.R. Turner (argued), Assistant Attorney General, Chicago, for Illinois Department of Labor.

Sara Thomas Pagels, Whyte Hirschboeck Dudek, S.C., Milwaukee, WI, Richard R. Harden, Thomas, Mamer & Haughey, LLP, Champaign, for A & B Drywall.

Lorna K. Geiler, Meyer Capel, A Professional Corporation, Champaign, for McKinley Foundation at University of Illinois.

Thomas W. Scrivner (argued), Carrie A. Hall, Michael Best & Friedrich LLP, Chicago, for Stevens Construction Corp.

Charles R. Schmadeke, William P. Hardy, Hinshaw & Culbertson LLP, Springfield, for Electri-Tec.

Marc R. Poulos, Melissa L. Binetti, III Foundation of Fair Contracting, Countryside, for Amicus Curiae III Foundation for Fair Contracting.

Justice POPE delivered the opinion of the court:

In April 2009, plaintiff, the McKinley Foundation at the University of Illinois (McKinley), filed a motion for summary judgment against defendants the Illinois Department of Labor (Department) and its Director, Catherine Shannon (herein referred to collectively as the Department), seeking an order that the Prevailing Wage Act (Act) (820 ILCS 130/1 through 12 (West 2008)) is inapplicable to its construction project because...

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