Brandt Consturction Co. v. Ludwig

State: Illinois

Court: 3rd District Appellate

Docket No: 3-06-0393 Rel

Case Date: 09/21/2007

Preview:No. 3-06-0393 Filed: 9-21-07 ______________________________________________________________________________ IN THE APPELLATE COURT OF ILLINOIS THIRD DISTRICT A.D., 2007 ______________________________________________________________________________ BRANDT CONSTRUCTION COMPANY, ) Appeal from the Circuit Court an Illinois Corporation, ) for the 14th Judicial Circuit, ) Rock Island, Illinois, Plaintiff-Appellee, ) ) v. ) 04-CH-0025 ) ARTHUR LUDWIG, Director of the ) Department of Labor, State of Illinois ) The Honorable ) Jeffery W. O'Connor, Defendant-Appellant. ) Judge, Presiding. ) ______________________________________________________________________________ JUSTICE McDADE delivered the opinion of the court: ______________________________________________________________________________ Defendant, Arthur Ludwig, Director of the Illinois Department of Labor, appeals from an order of the circuit court of Rock Island denying his motion to dismiss plaintiff Brandt Construction Company's complaint for declaratory and injunctive relief. Defendant also appeals from the circuit court's order granting Brandt's motion for summary judgment. Upon review, we affirm in part, reverse and vacate in part, and remand this matter for further proceedings. FACTS The Complaint On January 16, 2004, Brandt filed a complaint for declaratory and injunctive relief against

the Director of the Department of Labor (Department). According to counts I through IV of its complaint, between December 2002 and June 2003, Brandt had performed four construction jobs under the contracts with certain cities

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