Court considers request to remove two non-profit directors

Trial Notebook

By Steven P. Garmisa

Hoey & Farina

Posted January 17, 2023 11:11 AM

River Breeze LLC asked a Kane County judge to remove two of Aurora Downtown’s directors based on Sec. 108.35(d) of the Illinois General Not for Profit Corporation Act. But the judge tossed the complaint because River Breeze, a member of the nonprofit, didn’t have “at least 10 percent” of its votes. Section 108.35(d) authorizes judges to remove “a director of the corporation from office in a proceeding commenced either by the corporation or by members entitled to vote holding at least 10 percent of the outstanding votes of …

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