{
  "id": 3140660,
  "name": "The Counties of De Kalb, De Witt, Lake, Livingston, McLean, Stephenson, Tazewell, Kane and Woodford, Claimants, v. The State of Illinois, Respondent",
  "name_abbreviation": "Counties of De Kalb v. State",
  "decision_date": "1985-02-15",
  "docket_number": "No. 85-CC-0001",
  "first_page": "106",
  "last_page": "108",
  "citations": [
    {
      "type": "official",
      "cite": "47 Ill. Ct. Cl. 106"
    }
  ],
  "court": {
    "name_abbreviation": "Ill. Ct. Cl.",
    "id": 8793,
    "name": "Illinois Court of Claims"
  },
  "jurisdiction": {
    "id": 29,
    "name_long": "Illinois",
    "name": "Ill."
  },
  "cites_to": [
    {
      "cite": "12 Ill. Ct. Cl. 17",
      "category": "reporters:state",
      "reporter": "Ill. Ct. Cl.",
      "case_ids": [
        2821889
      ],
      "opinion_index": 0,
      "case_paths": [
        "/ill-ct-cl/12/0017-01"
      ]
    }
  ],
  "analysis": {
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  "last_updated": "2023-07-14T20:43:15.904044+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
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  "casebody": {
    "judges": [],
    "parties": [
      "The Counties of De Kalb, De Witt, Lake, Livingston, McLean, Stephenson, Tazewell, Kane and Woodford, Claimants, v. The State of Illinois, Respondent."
    ],
    "opinions": [
      {
        "text": "OPINION\nPer Curiam.\nThe record in this cause indicates that this is a lapsed appropriation claim. The Attorney General has submitted a Respondent\u2019s stipulation based upon a report of the Department of Children and Family Services.\nThe purpose of the expenditure was for amounts due the respective counties pursuant to section 5 \u2014 5 of the Juvenile Court Act, providing for State reimbursement of funds (Ill. Rev. Stat. 1985, ch. 37, par. 705 \u2014 5), regarding care and support of dependent children placed in shelter care by the county courts. These were properly authorized expenditures.\nUnfortunately, the departmental report indicates that there were insufficient funds remaining in each fiscal year appropriation to pay these claims. There are nine counties claiming $441,109.68 against $13,670.66 remaining in the appropriation. There were no funds remaining for fiscal year 1984.\nThe Department of Children and Family Services has audited and pro rated these claims, and their results are attached to this order, along with the appropriation numbers. Precedent for pro rating funds in this manner is found in the case of Board of School Inspector for the County of Peoria v. State, 12 Ill. Ct. Cl. 17. This Court agrees that this is the proper manner for payment of these claims, as to pay the entire amount requested by each county would be deficiency appropriation which is the realm of the Legislature and is both constitutionally and statutorially prohibited for this Court.\nIt is hereby ordered that Claimants be hereby awarded, in full accord and satisfaction of these claims as follows:\nORDER\nHolderman, J.\nThis matter comes before the Court upon Claimants\u2019 motions to reconsider and vacate the dismissal order heretofore entered by this Court and Respondent\u2019s motion in opposition to Claimants\u2019 motion for reconsideration.\nThe Court hereby grants Claimants\u2019 motions for reconsideration and vacates the order heretofore entered by this Court. These cases are ordered set for hearing before a Commissioner.",
        "type": "majority",
        "author": "Per Curiam. Holderman, J."
      }
    ],
    "attorneys": [
      "Neil F. Hartigan, Attorney General (Sue Mueller, Assistant Attorney General, of counsel), for Respondent."
    ],
    "corrections": "",
    "head_matter": "(No. 85-CC-0001\nThe Counties of De Kalb, De Witt, Lake, Livingston, McLean, Stephenson, Tazewell, Kane and Woodford, Claimants, v. The State of Illinois, Respondent.\nOpinion filed February 15, 1985.\nOrder filed June 17, 1985.\nNeil F. Hartigan, Attorney General (Sue Mueller, Assistant Attorney General, of counsel), for Respondent."
  },
  "file_name": "0106-01",
  "first_page_order": 240,
  "last_page_order": 242
}