Case law

Hawthorne v. Village of Olympia Fields

204 Ill. 2d 243 · Illinois Supreme Court · Apr 17, 2003

A “home occupation” is defined by Olympia Fields’ zoning ordinance as “any gainful occupation or profession engaged in by an occupant of a dwelling unit as a use which is clearly incidental to the use of the dwelling unit … The dispute here has centered on the precise scope of the village’s power to prohibit uses it deems incompatible with the districts it has established.

People Ex Rel. Chicago Bar Ass'n v. Feinberg

348 Ill. 549 · Illinois Supreme Court · May 17, 1932

Hart accepted the appointment as such special State’s attorney, qualified as such, and has been since the date of his appointment acting as such. … Article 6 establishes the judicial system of the State, and each sentence or phrase may not be construed and its meaning determined by itself.

People v. Walker

Illinois Supreme Court · Jan 23, 2009

Robert Kirschner were called, he would testify that he was employed by the Cook County medical examiner’s office, he was qualified as an expert in the field of forensic pathology, he performed autopsies on both victims, and … We hold that the record clearly establishes that the circuit court completely failed to exercise discretion in ruling on defense counsel’s request for a continuance of defendant’s trial, as it is devoid of evidence showing

Russell v. SNFA

2013 IL 113909 · Illinois Supreme Court · May 24, 2013

Moreover, Justice Breyer quite clearly disagreed with the plurality’s decision to rely on “strict rules” to limit jurisdiction to only situations when the defendant intended to submit to a state’s sovereign … 2012).3 Justice Breyer made a point of finding that, when determining the facts found by the New Jersey Supreme Court did not demonstrate sufficient contacts, there was no “something more” and he did not qualify

People v. Hunter

104 N.E.3d 358 · Illinois Supreme Court · Nov 30, 2017

Howard, 2016 IL 120729, Hunter argues that the amendment to section 5-130(1)(a) applies retroactively to his case, and because the offenses with which he was charged are no longer qualifying offenses for … The State counters that section 5-4.5-105 establishes a comprehensive sentencing scheme, and that the legislature’s expression of temporal reach in subsection (a) applies to the entire scheme.

Vine Street Clinic v. Healthlink, Inc.

Illinois Supreme Court · Sep 21, 2006

As to plaintiffs’ claim that the flat fee is against public policy, we first note that the general purpose of the Medical Practice Act of 1987 is to protect the public health and welfare from those not qualified to practice … Further, we have established that the goal of section 22(A)(14) is to prevent persons licensed under the Act from sharing a percentage of their fees with anyone except those licensees specifically set forth.

People v. Moretti

6 Ill. 2d 494 · Illinois Supreme Court · Sep 23, 1955

Brindley, 369 Ill. 486, 491 ,) the ruling of the court must be sustained for the reason that there was no proof offered or given to show that the witness was qualified to give reputation testimony respecting Salvi. … On the basis of established principles of evidence, we conclude that the court committed no error in sustaining the objection.

Rosewood Care Center v. Caterpillar, Inc.

Illinois Supreme Court · Nov 1, 2007

A careful reading of the cases, however, shows they do not establish such a rule. In Williams, Corbet delivered cattle to Caldwell. … (Mass.) 396, 400 (1841), the case which first established the rule.

Kallenbach v. Dickinson

100 Ill. 427 · Illinois Supreme Court · Sep 30, 1881

What, indeed, would seem to be decisive on this subject is, that the new promise, if qualified or conditional, restrains the rights of the party to its own terms, and if he can not recover by those terms he can not recover … Ours, it is true, does not say that the partial payment must be made by the party sought to be charged,_ but this very clearly is its effect. A stranger—one owing no duty to pay—certainly can not make a payment.

In Re PS

175 Ill. 2d 79 · Illinois Supreme Court · Jan 30, 1997

I believe that the forfeiture which the state effected here clearly put defendant in jeopardy for an offense that was the same as that for which he was later prosecuted. … I am also not persuaded by the majority's assertion that "important nonpunitive goals" of the instant forfeiture immunize it from constitutional challenge under double jeopardy principles.

Horwitz v. Holabird & Root

212 Ill. 2d 1 · Illinois Supreme Court · May 20, 2004

A factual scenario more clearly on point was presented in a case cited by Holabird & Root, In re Berry Publishing Services, Inc., 231 B.R. 676 (Bankr. N.D. Ill. 1999). … Vicarious liability may nevertheless be imposed for the actions of independent contractors where an agency relationship is established”).

Thomas v. Pullman Trust & Savings Bank

371 Ill. 577 · Illinois Supreme Court · Jun 15, 1939

These provisions all describe persons and fix time of vesting, and when taken in connection with the absence of provision for heirs or representatives of children can only mean that the persons who qualify for the gift are … Pioneer Trust and Savings Bank, supra, limited the time of distribution of the trust fund until the youngest child of my said son who may be living at my death shall reach the age of thirty-five years, clearly a time which

Johnson v. Edgar

176 Ill. 2d 499 · Illinois Supreme Court · May 22, 1997

The exemption established by Public Act 89 — 452, however, was more limited than that contained in Public Act 89 — 428 and contained far more details concerning its application. … In enacting Public Act 89 — 428, the legislature clearly crossed that line. No matter how liberally the single subject rule is construed, Public Act 89 — 428 violates that rule.

Flores v. Dugan

91 Ill. 2d 108 · Illinois Supreme Court · Apr 16, 1982

If an order possesses such a degree of finality, it would clearly be res judicata and would prevent relitigating the *114 issues involved. … Regardless of the apparent harshness of the result, the established law, as indicated above, requires that we hold the order dismissing the plaintiffs' action for want of prosecution was not a final and appealable order,

People Ex Rel. Scott v. Grivetti

50 Ill. 2d 156 · Illinois Supreme Court · Jan 27, 1972

Though their appointment was of one who was not entitled or qualified to serve, yet it has many times in this State been held that the acts of one acting as a de facto officer are valid when they concern the public or the … Clearly, it is intended that it not be subject to change within that ten-year period, *171 unless that change is necessitated by population shifts.

People v. Radford

450 Ill. Dec. 78 · Illinois Supreme Court · Jun 18, 2020

Cherry, 2016 IL 118728, ¶ 24 (holding that, to satisfy the two-pronged test established in Strickland v. … Supreme Court case law has clearly established: “[T]he right to an open trial may give way in certain cases to other rights or interests, such as the defendant’s right to a fair trial or the

People Ex Rel. Shipton v. Dunleith & Dubuque Bridge Co.

322 Ill. 99 · Illinois Supreme Court · Jun 16, 1926

united, to fully complete the object designed by said corporations; and the stocks of said two companies so united shall form one common stock, and the estate, real, personal and mixed, and the powers, rights, privileges, immunities … It also clearly appears from these two cases that it makes no difference how such railroad companies became the owners of the railroad bridges,— whether by purchase or otherwise, — and that if they are such owners and the

People v. Thompkins

121 Ill. 2d 401 · Illinois Supreme Court · Jan 25, 1988

While this is clearly not the law in Illinois (Ill. Rev. Stat. 1981, ch. 38, par. 116 — 1; see also People v. … The court noted that defendant failed to establish whether Knight ever took notes of the conversation with Sandra.

CENT. ILL. PUB. SERVICE CO. v. Thompson

1 Ill. 2d 468 · Illinois Supreme Court · Nov 18, 1953

was established and performed its services and the county, in good faith, became liable for the expenses of the office. … Appellee urges that the amendments apply only to rates, but no reason is advanced for the assertion and the context clearly refutes the claim.

Hartney Fuel Oil Company v. Hamer

2013 IL 115130 · Illinois Supreme Court · Dec 27, 2013

-5-  evidence standard and will be reversed only where the “opposite conclusion is clearly evident or the finding is arbitrary, unreasonable, or not based … First, the final sentence does not establish a presumption on tax situs; it establishes a presumption to determine where the purchase order was accepted.