Lieber v. Board of Trustees of Southern Illinois University

CourtIllinois Supreme Court
DecidedMay 1, 1997
Docket81220
StatusPublished

This text of Lieber v. Board of Trustees of Southern Illinois University (Lieber v. Board of Trustees of Southern Illinois University) is published on Counsel Stack Legal Research, covering Illinois Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Lieber v. Board of Trustees of Southern Illinois University, (Ill. 1997).

Opinion

LIEBER v. BOARD OF TRUSTEES OF SOUTHERN ILLINOIS UNIVERSITY, No. 81220

NOTICE: Under Supreme Court Rule 367 a party has 21 days after the filing of the opinion

to request a rehearing. Also, opinions are subject to modification, correction or withdrawal at

anytime prior to issuance of the mandate by the Clerk of the Court. Therefore, because the

following slip opinion is being made available prior to the Court's final action in this matter,

it cannot be considered the final decision of the Court. The official copy of the following

opinion will be published by the Supreme Court's Reporter of Decisions in the Official

Reports advance sheets following final action by the Court.

              Docket No. 81220--Agenda 12--January 1997.

      STAN LIEBER, Appellee, v. THE BOARD OF TRUSTEES OF SOUTHERN

                    ILLINOIS UNIVERSITY, Appellant.

                      Opinion filed May 1, 1997.

    JUSTICE HARRISON delivered the opinion of the court:

    The issue in this case is whether the Freedom of Information

Act (Act) (5 ILCS 140/1 et seq. (West 1994)) requires Southern

Illinois University (SIU) to provide the owner of an apartment

building approved by the University for freshman students with a

list containing the names and addresses of individuals who had

contacted the University about freshman housing. The circuit court

held that SIU did not have to give the building's owner access to

this information and granted summary judgment in favor of the

University. The appellate court reversed and remanded with

directions to enter summary judgment against SIU and in favor of

the building's owner. 279 Ill. App. 3d 553. We granted SIU's

petition for leave to appeal (155 Ill. 2d R. 315) and now affirm

the appellate court's judgment.

    Summary judgment is proper where

         "the pleadings, depositions, and admissions on file,

         together with the affidavits, if any, show that there is

         no genuine issue as to any material fact and that the

         moving party is entitled to a judgment as a matter of

         law." 735 ILCS 5/2--1005(c) (West 1994).

    In this case, the record discloses the following facts. SIU

requires unmarried freshmen under the age of 21 who do not live

with their parents to reside either in a University dormitory on

campus or in privately owned off-campus housing approved by the

University. Stan Lieber, the plaintiff in this case, owns a

University-approved off-campus housing facility known as the

Stevenson Arms.

    In the past the University supplied Lieber and other owners of

approved off-campus housing with information about incoming

freshmen so that the owners could contact them directly with

information about their respective housing units. They also

routinely supplied mailing labels containing names and addresses of

incoming students to the Southern Illinoisan, a Carbondale

newspaper, and to various religious organizations. In addition, the

University honored requests from various state representatives for

the names and addresses of SIU students who resided in their

legislative districts, and it provided numerous other educational

institutions with information about students who had transferred

from those institutions to SIU, including social security numbers,

academic major, and number of hours of study completed.

    In the spring of 1992, SIU sent a letter to the manager of the

Stevenson Arms noting that enrollment at the University was

declining and that occupancy rates in student housing had dropped,

resulting in more competition between the various housing

providers. The University cautioned the Stevenson Arms about the

need to clear its advertisements and promotions with the

University. It also placed the facility on notice that it would no

longer include brochures on approved off-campus housing for

freshmen in the materials mailed out by the University's Central

Housing Office. According to the University, owners of approved

off-campus housing would be required to rely on their own resources

for advertising and publicity.

    Subsequent to this correspondence, the University became

uncooperative in releasing the names and addresses of incoming

students to the Stevenson Arms. As a result, Lieber, the owner,

filed formal requests for the information in accordance with the

Freedom of Information Act. The requests were filed in October and

November of 1992. The University granted Lieber's request with

respect to freshmen enrolled in the fall of 1992. In addition,

according to answers to interrogatories given on behalf of SIU by

its vice president of student affairs, the University provided the

manager of the Stevenson Arms with lists of freshmen who had been

accepted for the following academic year.

    In January of 1993, SIU officially discontinued the practice

of providing the names and addresses of accepted students to owners

of approved off-campus housing, citing "the need to develop a

consistent approach on providing information for all owners and

assure compliance with the law and University policy on release of

student information." Instead of releasing information about the

prospective students to the private owners, SIU advised that it

would send information supplied by the private owners to the

incoming students, and to any others who requested information

about freshman housing, along with information about the on-campus

housing opportunities provided by the University itself.

    Following the change in policy, Leiber was given at least one

additional list of freshmen admitted for the 1993-94 academic year.

After the University's vice president of student affairs discovered

this, he directed that the new policy be implemented and that

address labels not be given to any landlords of approved off-campus

housing for freshmen. Employees of the Stevenson Arms subsequently

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