Southern Illinoisan v. Department of Public Health

Case Date: 03/28/2001
Court: 5th District Appellate
Docket No: 5-99-0568 Rel

                NOTICE
Decision filed 03/28/01.  The text of this decision may be changed or corrected prior to the filing of a Petition for Rehearing or the disposition of the same.

NO. 5-99-0568

IN THE

APPELLATE COURT OF ILLINOIS

FIFTH DISTRICT


THE SOUTHERN ILLINOISAN, A DIVISION
OF LEE ENTERPRISES, INC.,

          Plaintiff-Appellee,
v.

THE DEPARTMENT OF PUBLIC HEALTH
and DR. JOHN LUMPKIN, Director of Public
Health,

          Defendants-Appellants.

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Appeal from the
Circuit Court of
Jackson County.

No. 98-CH-5



Honorable Kimberly L. Dahlen
and Honorable John Speroni,
Judges, presiding.


PRESIDING JUSTICE CHAPMAN delivered the opinion of the court:

The Southern Illinoisan, a division of Lee Enterprises, Inc.,issued a letter on October 28, 1997, to the Illinois Department of Public Health(the Department), asking for copies of the documents relating to the incidenceof neuroblastoma from 1985 to the date of the letter, as they were available bythe type of cancer, zip code, and date of diagnosis. The Department denied theSouthern Illinoisan