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eBook details

• Title: Smith v. Dept. of Public Aid
• Author : Supreme Court of Illinois
• Release Date : January 20, 1977
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 70 KB

Description

In September of 1974 the Vermilion County Department of Public Aid, acting pursuant to a provision of the Illinois Food Stamp Manual, increased the purchase price of food stamps for plaintiffs, Barbara Smith and Lois Briggs. Plaintiffs appealed to the Illinois Department of Public Aid (IDPA), which affirmed the decisions of the county department. Plaintiffs then petitioned the circuit court of Vermilion County for the issuance of a common law writ of certiorari naming as defendants the IDPA and its director, the hearing officers of the IDPA who were involved in the cases, five employees of the Vermilion County Department of Public Aid, the United States Department of Agriculture, and its former Secretary, Earl Butz. The trial court dismissed the Federal defendants, but issued a writ of certiorari as to the remaining defendants. In response to the writ, the records made before the administrative body were filed. The court, after reviewing the proceedings below, entered an order declaring unconstitutional certain State and Federal statutes regulating the food stamp program, and ruled the policy of the IDPA which caused the increase in the plaintiffs' food stamp purchase price unconstitutional and illegal. The court then ordered the IDPA to reduce the monthly charge for plaintiffs' food stamps until the plaintiffs were refunded the amount which they had been overcharged. The defendants appealed directly to this court pursuant to our Rule 302(a)(1) (58 Ill.2d R. 302(a)(1)). Plaintiffs cross-appealed against the Federal defendants, asserting error in the dismissal of their petition as to those defendants.

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