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April 12, 2024

College of DuPage files response to Breuder’s recent filing in Federal Court

By Kirk Allen & John Kraft

On March 18, 2016

DuPage Co. (ECWd) –

On March 14th, 2016 the College of DuPage filed in Federal Court their Reply Brief in Support of Board of Trustees Motion to Dismiss, and Reply Brief in Support of Individual Defendants Motion to Dismiss.

For those that have been following this from the beginning, you will appreciate the work that has gone into these briefs.  Once again, the COD attorneys have pointed out clear and concise law that appears to favor the position we have taken all along, Breuder’s contract is void!

  • “COD Does Not Have Home-Rule Powers and, Under Dillon’s Rule, Cannot Exercise Powers Inconsistent With Those Granted by Statute.”

“The Employment Agreement Was Void Ab Initio for Three Reasons.”

  • “The Agreement Attempts to Deprive Future Boards of the
    Power to Hire and Fire Plaintiff.”
  • “The Agreement Attempts to Override the Public Community
    College Act.”
  • “The Agreement Attempts to Override the Open Meetings Act”

“Plaintiff’s Breach of Contract Claim Fails Because the Contract Is Void.”

The above bullet points are just an example of key points raised in the filings.  I would urge everyone that has an interest in a better understanding of the importance  of the Open Meetings Act, Dillons Rule, and basic contract law to take the time to read these filings and study them.  The information contained in these documents have a tremendous value to those wanting to better understand how to hold your local elected officials and public employees accountable to the law.

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