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Chicago Tribune Co. v. Board of Education

Case Date: 06/28/2002
Court: 1st District Appellate
Docket No: 1-01-3704 Rel

SECOND DIVISION
June 28, 2002



No. 1-01-3704



CHICAGO TRIBUNE COMPANY,

                        Plaintiff-Appellee,

                                       v.

BOARD OF EDUCATION OF THE CITY OF
CHICAGO,

                        Defendant-Appellant.

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) 		Appeal from the
Circuit Court of
Cook County.




Honorable
Patrick E. McGann,
Judge Presiding.


PRESIDING JUSTICE BURKE delivered the opinion of the court:

Defendant Board of Education of the City of Chicago (Board)appeals from an order of the circuit court denying the Board'smotion to dismiss, pursuant to section 2-619 of the Code of CivilProcedure (Code) (735 ILCS 5/2-619 (West 1998)), an injunctionaction filed by plaintiff Chicago Tribune Company (Tribune) seekingcertain student information under the Freedom of Information Act(Act) (5 ILCS 140/1 et seq. (West 1998)) and granting the Tribune'smotion for summary judgment. On appeal, the Board contends thatthe requested data is per se exempt pursuant to section 7(1)(b)(i)of the Act (5 ILCS 140/7(1)(b)(i) (West 1998)), is exempt pursuantto section 7(1)(a) of the Act (5 ILCS 140/7(1)(a) (West 1998))because the federal Education Rights and Privacy Act (federal act)(20 U.S.C.