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Albert G. Smith v. State of Illinois

34 Ill. Ct. Cl. 113 Illinois Court of Claims Filed 1980-11-26 No. 77-CC-1832
Disposition: (No. 77-CC-1832-Claim dismissed.) Agency: Illinois State Board of Education
Cite as: Albert G. Smith v. State of Illinois, 34 Ill. Ct. Cl. 113 (1980)
General Court of Claims 34 dismissed 1980s Albert G. Smith v. State of Illinois 34 Ill. Ct. Cl. 113 1980-11-26 (No. 77-CC-1832-Claim dismissed.) /opinions/v34-p0213-1/

ALBERT G. SMITH, Regional Superintendent of Schools, Henry I and Stark Counties, Claimant, v . THE STATE OF ILLINOIS, Respondent.

Case summary

Claimant sought payment for expenditures in fiscal years 1975-76 and 1976-77, but the court dismissed the claim because the appropriated funds had been fully expended and the State cannot contract indebtedness in excess of appropriations.

Claim type: Lapsed Appropriation

Statutes cited: Ill. Rev. Stat., ch. 127, par. 166

AI-generated summary from the opinion text — may contain errors. The opinion text and PDF above are the official record.

Headnotes

  1. APPRoPRtATIoNs-deficiency appropriations denied. The claim for more funds to be provided for each county was denied where reports issued by the Board of Education established that funds for expenditures for two fiscal years was expended and the planned expenditures had already been reduced to meet the budget.

This matter comes before the Court upon motion of Respondent to dismiss claim heretofore filed.

Respondent’s motion states that. the departmental reports issued by the State department, the Illinois State Board of Education, establish that the money for this expenditure for fiscal years 1975-76 and 1976-77 was completely expended. The Motion further states that Ill.

Rev. Stat., ch. 127, par. 166 states as follows: “No officer, institution, department or board or commission shall contract any indebtedness on behalf of the State, nor assume to bind the State in any amount in excess of the money appropriated, unless expressly authorized by law.”

The report, attached to the motion, sets forth that the State Board of Education budgeted the sum of $1,000 for each county for the school year 1976-77, but Governor Walker, by amendatory veto of Senate Bill 1935, reduced the amount to $78,000 which provided the sum of $1,000 for each regional area.

Motion to Dismiss is hereby granted and this cause is dismissed.

Official volume 34 (Containing cases in which opinions were filed and orders of dismissal entered, without opinion for: Fiscal Year 1981 – July 1, 1980–June 30, 1981)  ·  All opinions in this volume  ·  Also on CourtListener

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