UIHistories Project: A History of the University of Illinois by Kalev Leetaru
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Repository: UIHistories Project: Board of Trustees Minutes - 1972 [PAGE 684]

Caption: Board of Trustees Minutes - 1972
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674

BOARD OF TRUSTEES

The Complaint alleges that the construction of an electrical line by Illinois Power Company in the vicinity of the University of Illinois-Willard Airport will pose an unnecessary safety hazard to Plaintiff's use of the airport facilities as an airline passenger. The prayer for relief seeks an order from the Commerce Commission to require Illinois Power to construct a different system, an order that the Department of Aeronautics and Federal Aviation Administration be required to comply with all laws, and that temporary and permanent injunctions issue. The University Counsel recommends that he be authorized to take such steps as are necessary or appropriate, including the employment of special counsel, to represent the University and to protect the University's interests in the proceedings. I concur.

On motion of Mr. Howard, authority was given as recommended.

LITIGATION R E L A T E D T O A L L E G E D B R E A C H O F C O N T R A C T (28) The Board of Trustees of the University of Illinois has been named as a defendant in an action filed in the Circuit Court of the Sixth Judicial Circuit, Champaign County, Illinois (Case No. 72 L 265) by Carl Vance. T h e Complaint alleges that on March 29, 1969, the Plaintiff entered into a written contract with T h e Board of Trustees of the University of Illinois, by and through its agent, the Director of the Illini Union Student Activities, whereby the Plaintiff was to receive $2,250 for the performance of certain duties in regard to theatrical productions. The Plaintiff alleges that he performed the duties specified in the contract until October 1969 when he was informed by the Director of the Illini Union Student Activities that the contract would not be honored by the Defendant. In a separate count, the Complaint further alleges that prior to March 1969 the Plaintiff entered into a similar written agreement to perform services for a theatrical production, which contract was honored and was paid the sum therein specified. Plaintiff contends that by reason of the University's conduct in allowing the Director of I U S A to enter into other contracts which were honored, the University is estopped from denying the authority of its "agent" to enter into the agreement. The prayer for relief seeks a judgment in the amount of $2,250 actual damages, $4,500 punitive damages, reasonable attorney fees and expenses of litigation and cost of suit. T h e University Counsel recommends that he be authorized to take such steps as are necessary or appropriate, including the employment of special counsel, to represent the University and to protect the University's interests in the proceedings. I concur.

On motion of Mr. Howard, authority was given as recommended. On motion of Mr. Swain, the Board adjourned.

EARL W. PORTER EARL M. HUGHES

Secretary

President