Case law

DeSmet v. County of Rock Island

Illinois Supreme Court · Apr 20, 2006

Although section 4B102 of the Act does immunize a local public entity for its Afailure to establish a police department or otherwise provide police protection service@ (745 ILCS 10/4B102 (West 2002)), that portion of the … statute is not at issue here because the record in this case clearly shows that these governmental defendants rendered police protection service to the general public via their dispatch centers.

Crane Paper Stock Co. v. Chicago & Northwestern Railway Co.

63 Ill. 2d 61 · Illinois Supreme Court · Mar 18, 1976

furnish railroad service to [plaintiff’s property] over any other spur track belonging to [the Company], then and in that event and only as a secondary measure, will said [plaintiff] be put to the expense and trouble of establishing … This court recognized the continued viability of the doctrine of sovereign immunity under the Constitution of 1870 in Edelen v. Hogsett (1969), 44 Ill.2d 215, 217 .

Horsehead Corp. v. Department of Revenue

2019 IL 124155 · Illinois Supreme Court · Dec 1, 2020

A mixed question of law and fact is reviewed under the “clearly erroneous” standard. Id. at 143. … the established facts is or is not violated.

People v. Diekmann

285 Ill. 97 · Illinois Supreme Court · Oct 21, 1918

The purpose of the act in question is, as shown in the title thereof, to conserve fish, game and wild fowl, and as such clearly lies within legislative province. (People v. Bridges, 142 Ill. 30 .) … Appellant does not attempt to suggest the necessary steps whereby a preserve might be established nor suggest to this court the necessary steps omitted to be done by the commission.

Boub v. Township of Wayne

Illinois Supreme Court · Oct 22, 1998

Immunity Act). … We do not construe Marshall as establishing that historical practice alone is sufficient to make a particular use of public property an intended one.

Rouse v. Thompson

228 Ill. 522 · Illinois Supreme Court · Oct 2, 1907

We think the legislature clearly has the power to confer upon county boards and the board of election commissioners the power to establish election districts, and that it would have power to confer- upon such bodies the power … to establish delegate districts.

Ramsey v. Morrison

Illinois Supreme Court · Feb 6, 1997

Clearly, a central purpose of the workers' compensation system is to place the cost of employee injuries on the enterprise or the industry, and that purpose is accomplished, in part, by granting immunity to coemployees whose … As the court noted, `the third party's interest is that of any other cotortfeasor--to limit its liability to no more than its established fault.' [Citation.]

Hudson v. City of Chicago

228 Ill. 2d 462 · Illinois Supreme Court · Apr 23, 2008

This court first held that the rescission counts were clearly barred by res judicata. Those counts had been dismissed on statute of limitations grounds in Rein I, and the dismissal was upheld on appeal. … The district court granted the defendant summary judgment on the ADA claim, finding that the plaintiff was not a “qualified individual” under the ADA.

Snow v. Dixon

66 Ill. 2d 443 · Illinois Supreme Court · Apr 5, 1977

The case sub judice is clearly distinguishable. … Second, he argues that the so-called Charter Immunity Cases (cited later) establish that tax exemptions created as to one corporation are personal to that corporation and are not part of the general franchises which may be

Gillmore v. Illinois Department of Human Services

218 Ill. 2d 302 · Illinois Supreme Court · Jan 20, 2006

The court stated, “Public Aid *** can clearly come in and defend. They’re not prejudiced in any way because the [DHS] had proper notice in a timely fashion.” … The court discussed Transmittal 64, which “clearly suggests that sheltering, that is, moving or altering, assets solely in order to qualify for Medicaid is an abuse of the Medicaid system.

Carr v. Koch

981 N.E.2d 326 · Illinois Supreme Court · Nov 29, 2012

Finally, the trial court found that the action against the Board was barred by the State Lawsuit Immunity Act (745 ILCS 5/0.01 et seq. … The statute expressly states that “[s]chool districts are not required to exert a minimum Operating Tax Rate in order to qualify for assistance under this Section.” 105 ILCS 5/18- 8.05(A)(4) (West 2010).

Corbett v. The County of Lake

104 N.E.3d 389 · Illinois Supreme Court · Nov 30, 2017

Summary judgment is proper when the pleadings, depositions, affidavits, and other matters on file establish that there is no genuine issue of material fact and that the moving party is entitled to judgment as … But dissecting an individual word or phrase from a statutory provision and mechanically applying to it a dictionary definition is clearly not the best way of ascertaining legislative intent. See Whelan v.

The PEOPLE v. Williams

22 Ill. 2d 498 · Illinois Supreme Court · Sep 22, 1961

The defendant first contends that the evidence was insufficient to establish his guilt beyond a reasonable doubt. … At the trial Jacqueline was called as a witness for the prosecution, after receiving assurance of immunity by the Federal and State authorities.

Ioerger v. Halverson Construction Company, Inc.

Illinois Supreme Court · Dec 18, 2008

Pursuant to the agreement, Midwest was responsible for “the performance of all labor for the Joint Venture, including payroll, payroll taxes, fringes and other employee expenses, including, but not limited to, the establishment … The defendants, therefore, have not shown clearly that they are entitled to the protection of the Act’s exclusive remedy provision.

Abruzzo v. City of Park Ridge

Illinois Supreme Court · Oct 2, 2008

Governmental entities bear the burden of establishing immunity under the Tort Immunity Act. Van Meter v. Darien Park District, 207 Ill. 2d 359, 370 (2003). … This court held that the immunity provisions could not be harmonized because they both clearly applied to the plaintiff’s allegations. Moore, 219 Ill. 2d at 487.

Zimmerman v. Village of Skokie

Illinois Supreme Court · Jun 18, 1998

We further observed in Barnett that “[s]ection 2–202 is not a general exception to all of the other immunities established by the Tort Immunity Act. … This statute clearly establishes a negligence standard of care. It is a more specific provision than section 2–202 and encompasses the allegations raised in the complaint.

People ex rel. Board of Education of School District No. 142 v. State Board of Education

62 Ill. 2d 517 · Illinois Supreme Court · Jan 26, 1976

Moreover, in sustaining the defendant’s power to withhold all State funds, we necessarily sustained the refusal to make specific reimbursements for which the plaintiff had failed to qualify. … appropriations on which reimbursement would have to be drawn have now lapsed, and for the further reason that the plaintiff’s suit was one against the State in contravention of the statutory provision granting the State immunity

Bullman v. Cooper

362 Ill. 469 · Illinois Supreme Court · Feb 14, 1936

Cooper qualified and assumed the duties of the office. The appellants, Bullman and Harry Anderson, a qualified elector, filed a petition in the county court of Warren county to contest the election. … The record wholly fails to establish that Clarence House ever abandoned his original domicile in Kelly township. The finding that he was a qualified voter was correct.

Casey v. Baldridge

15 Ill. 65 · Illinois Supreme Court · Nov 15, 1853

In this case, the declaration is clearly defective. It fails to show that the directors are guilty of any breach of duty. … The general allegation, that the plaintiff was le'gally qualified to teach the school, is not sufficient. The judgment is affirmed. Judgment affirmed.

Provena Covenant Medical Center v. Department of Revenue

236 Ill. 2d 368 · Illinois Supreme Court · Mar 18, 2010

The deficit claimed by Provena may therefore result primarily from the reduced rates insurers are allowed to pay, something which clearly would not qualify as charitable in nature. … In this case, the record clearly established that the primary purpose for which the PCMC property was used was providing medical care to patients for a fee.