means what it says you can sue the university of illinois in circuit court if your suit is an tort claim doesn't seem particularly remarkable proposition except for the fact that the trial court here apparently didn't otherwise anthy university is hurting the contrary position based entirely or almost entirely prenatal ninety six case law with the exception of the mid to late kind of universities case which itself relied upon factors were considered as being factors making them like an arm of the state of almost all factors of either force or not war and number one number two it's interesting how the williams case sort of got turned on its head williams was a tort case first and foremost and the issue there was why there was a violation of due process to say here's this separate entity but people who are injured by have to go to  number of state departments of the or the border claims if it's not a state you go to circuit court if you have a tort claim against the state you go to the court of claims but you also go to the court of claims if so it could be argued but the point is the court allowed conjunctive claims and that's all we're seeking except when he's in trouble saying don't tear up the floor in the in the shower rooms don't spend our money i ring somebody else to do nine frantic work every state university in illinois was represented and overseen by single board of governors state colleges and universities i think it is common ground between the parties here but the old board of governors was in on the stay and could only be sued  of claims i think that the illinois supreme court's one thousand nine hundred four decision and tell us really removes any doubt there so it seems to me that the core question before the court here is whether by doing away with the old board of governors general assembly met in creating these individual boards trustees for each university the general assembly meant to reverse course and essentially restructure the entire state university system such that the state universities are no longer arms of the stay and i think a comparison between the old board of governors law and the current governor state law provides a very clear answer to that statute are virtually identical they both provide the they century of unbroken precedence of state in that state universities are arms of the stay now with respect to the one defines under the under the board of governors system every university had its own bank account and the board of governors have back now with respect to certain things with certain financial items specifically things like alumni contributions government grants research grants from private institutions those stayed within decide the general simply have to decide what are we going to do with this mission in these various fees and what the what the general some i think reason we decided to do was allow each college to keep keep that mon don't think given all of the characteristics that exist under the near carbon copy of all of the old order governor statute meets that standard the board of governors state seven of the eight members are  these are not characteristics you would normally associate with an with an entity that isn't totally thomason independent of the state the example who complain of cites of the local institutions have no bearing and no relevance here for the basic reason miscible corporations local entities going back for almost two centuries eleventh amendment law and sense we've had the immunity act here have always been treated categorically different because local entities are not state it is there is a dividing line there that's based on principles of sovereignty and federalism so the idea and i think that suggest that there is financial independence here overlooks any number of factors last year there was a twenty six million dollar appropriation from the general somebody to governor state university their appropriations every year and about that same amount and check what it is this year to governor state university in order to get that the university has to submit a request to be opened to a state agency the only board of higher education the board reviews that submits a recommendation to the governor and to the to the general assembly and then ultimately they're at the mercy of the general some when the governor to award that appropriation in addition they have to submit an annual capital expenditure plan which indicates so the state is able to monitor what the university plans to spend its money on going forward three years and it's continually updated and there are and section fifteen forty five sub aircraft five the act bills certain salaries of university employees and certain expenses directly to the state tre were to have the potential to adversely impact the interests of the state then it would be barred by sovereign immunity that's not much of a peg to hang your hat on so it seems to me that we have actually a relatively straightforward case with else because in order for the plaintiff to succeed on any of them the plaintiff would have to establish the onus of a breach of contract that there was a contract that the plaintiff performed and that the university breached the contract so to say that in expectation damages i think strange for julie and finally with respect to your question your honor that the just for what it's worth all those  governors it now says board of trustees of governors state university otherwise the statues are indistinguishable so in essence the plaintiff is trying to revisit an argument that was rejected by the illinois supreme court almost thirty years ago and it's an this principle the question with regard to contrast point is whether an entity is an arm of the state and i think that when you go through and examine the characteristics of the university the state public universities it's very clear that it is part of this that one of those is that in the board one of the board of governors system any money to the d the government state university had it was allocated to it either by funds from the state legislature or that works but it went back to the state when they're operated by the state there's no this is what i'm trying to do to explain is that for legal purposes the board of trustees of one of the state universities is in no terribly different amendments was to separate the universities if you will from the state treasury and to rid of the scenario to which only funds that the legislature chooses to