Morr-Fitz, Inc. v. Blagojevich

State: Illinois

Court: 4th District Appellate

Docket No: 4-05-1050 Rel

Case Date: 03/19/2007

Preview:NO. 4-05-1050 IN THE APPELLATE COURT OF ILLINOIS FOURTH DISTRICT

Filed 3/19/07

MORR-FITZ, INC., an Illinois ) Appeal from Corporation d/b/a FITZGERALD PHARMACY, ) Circuit Court of Licensed and Practicing in the State ) Sangamon County of Illinois as a Pharmacy; L. DOYLE, ) No. 05CH495 INC., an Illinois Corporation d/b/a ) EGGELSTON PHARMACY, Licensed and ) Practicing in the State of Illinois as ) a Pharmacy; KOSIROG PHARMACY, INC., an ) Illinois Corporation d/b/a KOSIROG ) REXALL PHARMACY, Licensed and ) Practicing in the State of Illinois as ) a Pharmacy; LUKE VANDER BLEEK; and ) GLENN KOSIROG, ) Plaintiffs-Appellants, ) v. ) ROD R. BLAGOJEVICH, Governor, State of ) Illinois; FERNANDO E. GRILLO, ) Secretary, Illinois Department of ) Financial and Professional ) Regulations; DANIEL E. BLUTHARDT, ) Acting Director, Division of ) Professional Regulations; and THE ) MEMBERS OF THE STATE BOARD OF ) PHARMACY, in Their Official ) Honorable Capacities, ) John W. Belz, Defendants-Appellees. ) Judge Presiding. _________________________________________________________________ JUSTICE KNECHT delivered the opinion of the court: In October 2005, plaintiffs, two individual pharmacists and three Illinois corporations that own and operate pharmacies in Illinois, filed their first amended complaint seeking injunctive and declaratory relief against defendants, Governor Rod Blagojevich, Secretary Fernando Grillo of the Illinois Department of Financial and Professional Regulations, Acting

Director Daniel Bluthardt of the Division of Professional Regulations, and the State Board of Pharmacy. The suit alleged

an administrative rule requiring pharmacies to dispense a certain contraceptive, levonorgestrol, also known as "Plan B" or the "morning after pill" (Rule) (68 Ill. Adm. Code

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