Board of Trustees of the University of Illinois v. State

Court of Claims of Illinois

Board of Trustees of the University of Illinois v. State

33 Ill. Ct. Cl. 247, 1980 Ill. Ct. Cl. LEXIS 117

CourtCourt of Claims of Illinois

DecidedFebruary 19, 1980

DocketNo. 78-CC-1359

StatusPublished

This text of 33 Ill. Ct. Cl. 247 (Board of Trustees of the University of Illinois v. State) is published on Counsel Stack Legal Research, covering Court of Claims of Illinois primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Board of Trustees of the University of Illinois v. State, 33 Ill. Ct. Cl. 247, 1980 Ill. Ct. Cl. LEXIS 117 (Ill. Super. Ct. 1980).

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Opinion

Holderman, J.

This cause coming on to be heard on the motion of the Respondent, and the Court being fully advised in the premises, having reviewed the departmental report submitted pursuant to Rule 14 of this Court, this Court finds as follows:

1. The departmental report previously submitted into the record pursuant to Rule 14 of this Court stands as prima facie evidence of the facts stated therein.

2. The funds, Federal/State matching grant #1778D, totalling $259,779.00 were received for a period covering September 1975 through June 1977 and the expenditures from this grant totally dissipated the grant. This Court in the case of the City of Carbondale v. State of Illinois, 76-CC-2336, recently ruled in an analogous case that unless Federal funds are available or unless State funds having been appropriated were sufficient upon the lapsing of the fund, this Court may not indulge in deficiency appropriating to correct the deficiency.

3. There were no Federal funds available nor were there matching State funds available at the time of the lapsing of the funded period out of which this obligation could have been paid.

It is, therefore, ordered that this case be and the same is hereby dismissed.

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Holderman, J.

This cause coming on to be heard on the motion of the Respondent, and the Court being fully advised in the premises, having reviewed the departmental report submitted pursuant to Rule 14 of this Court, this Court finds as follows:

1. The departmental report previously submitted into the record pursuant to Rule 14 of this Court stands as prima facie evidence of the facts stated therein.

2. The funds, Federal/State matching grant #1778D, totalling $259,779.00 were received for a period covering September 1975 through June 1977 and the expenditures from this grant totally dissipated the grant. This Court in the case of the City of Carbondale v. State of Illinois, 76-CC-2336, recently ruled in an analogous case that unless Federal funds are available or unless State funds having been appropriated were sufficient upon the lapsing of the fund, this Court may not indulge in deficiency appropriating to correct the deficiency.

3. There were no Federal funds available nor were there matching State funds available at the time of the lapsing of the funded period out of which this obligation could have been paid.

It is, therefore, ordered that this case be and the same is hereby dismissed.

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Bluebook (online)

33 Ill. Ct. Cl. 247, 1980 Ill. Ct. Cl. LEXIS 117, Counsel Stack Legal Research, https://law.counselstack.com/opinion/board-of-trustees-of-the-university-of-illinois-v-state-ilclaimsct-1980.