Case law

People v. Grayer

403 Ill. App. 3d 797 · Appellate Court of Illinois · Aug 24, 2010

upon a new qualifying conviction or disposition. … App. 3d 127, 130 (2009)), the “possibility of an unjust or absurd result is generally not enough to avoid the application of a clearly worded statute.” Petersen v. Wallach, 198 Ill. 2d 439, 447 (2002).

In re Marriage of Kehoe

2012 IL App (1st) 110644 · Appellate Court of Illinois · Mar 16, 2012

The parties clearly agreed upon a formula for calculating the pension apportionment during the time of dissolution. … These differences clearly demonstrate that the judgment in the case at bar was not “silent” in regard to the method of pension apportionment.

People v. Samuels

240 N.E.3d 1232 · Appellate Court of Illinois · Apr 17, 2024

offense in Case 1, and (3) he was not charged with a qualifying offense in Case 2 … These provisions demonstrate that the legislature knew how to clearly state when pretrial release is mandatory and when it is discretionary.

People Ex Rel. Rappaport v. Drazek

30 Ill. App. 3d 310 · Appellate Court of Illinois · Jun 24, 1975

Stat. 1969, ch. 127, pars. 63b101 et seq.), clearly gives the Director of Personnel the power and discretion to add to current eligible lists. … Suffice it to say that a reading of both provisions clearly reveals no such limitation. Consequently, respondents cannot be restricted to any such procedure.

Curtis v. Chicago Transit Authority

341 Ill. App. 3d 573 · Appellate Court of Illinois · Jun 23, 2003

Although Saragusa was decided under now-repealed section 8 — 102 of the Local Governmental and Governmental Employees Tort Immunity Act (the Tort Immunity Act) (Ill. Rev. … Plaintiff here was represented by counsel, who was clearly aware of the requirements of section 41, but failed to comply with those requirements.

London Guarantee & Accident Co. v. Horn

101 Ill. App. 355 · Appellate Court of Illinois · Mar 6, 1902

Numerous cases, arising upon varied states of fact, are cited by counsel, which we can not, within the limits of this opinion, undertake to review, which go to establish the general proposition that no right of action arises … If this was so, then clearly, malice, as matter of law, on the part of appellant is established.

Mandziara v. Canulli

Appellate Court of Illinois · Sep 24, 1998

Canulli clearly sought access for himself and Jursich by issuing a records subpoena. … We have said: "The statute clearly indicates the legislature intended to modify absolute common law witness immunity in order to provide a remedy of damages against persons who violate the act." Renzi , 249 Ill.

Illinois Educational Labor Relations Board v. Homer Community Consolidated School District No. 208

160 Ill. App. 3d 730 · Appellate Court of Illinois · Aug 5, 1987

The exceptions set forth in that legislation clearly appear to be exceptions to the newly created duty to disclose to the public. … The qualified privilege defined was that of need or necessity.

USX Corp. v. White

352 Ill. App. 3d 709 · Appellate Court of Illinois · Mar 1, 2004

If a company qualifies for use of this method, it is required to do so. … Sections 11.50(a)(1) and (a)(2) clearly indicate that the legislature intended that a single surviving corporation remain after a statutory merger.

Henriksen v. Illinois Racing Board

293 Ill. App. 3d 569 · Appellate Court of Illinois · Dec 2, 1997

On October 7, 1995, Henriksen drove a horse in a qualifying race in New Jersey. On October 9, 1995, Henriksen drove horses in two races in New York, and a third horse in a race in New Jersey. … Ed. 565, 568 (1878): "The authority of every tribunal is necessarily restricted by the territorial limits of the State in which it is established.

Montgomery Ward Life Insurance v. Department of Local Government Affairs

89 Ill. App. 3d 292 · Appellate Court of Illinois · Sep 26, 1980

.] ° ” e A ‘custodial account’ is established, into which the issuer deposits proceeds from the pooled mortgages and from which withdrawals may generally be made only for payments to security holders. 060 Segregation of the … On the other hand, the court held the national bank currency to be nonexempt from taxation reasoning as follows: “Clearly, no exemption in any act prior to the authority given to issue ‘national currency’ can apply, and as

P & S Grain, LLC v. County of Williamson

399 Ill. App. 3d 836 · Appellate Court of Illinois · Apr 2, 2010

Under the well-established test for standing, we find that the plaintiffs’ claim of injury is distinct and palpable, in that it is based upon the imposition of a particular tax and is not vague or undefined. … (West 2006)) by providing as follows: “In the administration of and compliance with this subsection, the Department and persons who are subject to this subsection (i) have the same rights, remedies, privileges, immunities

American Academy of Pediatrics v. Department of Revenue

226 N.E.3d 610 · Appellate Court of Illinois · Mar 14, 2023

¶ 56 The reviewing court held that the plaintiff did not qualify for an exemption. Id. at 67. … Because the weight of the factors did not clearly establish that plaintiff is a charitable institution, we conclude that the Department did not err in balancing the Korzen factors.

Binger v. People

21 Ill. App. 367 · Appellate Court of Illinois · Nov 24, 1886

The indictment in substance charged that defendant, while being a legally qualified and acting judge of election, at an election held in the township of St. … It clearly appears such an officer as judge of election is known under the statute, and if guilty of such official malfeasance as is charged in said indictment would, as a judge of election, be subject to punishment for such

Golden v. Mullen

295 Ill. App. 3d 865 · Appellate Court of Illinois · May 1, 1998

Clearly, Mullen was under a duty to respond to Sullivan’s concerns with diligence and candor. … Since the privilege affords complete immunity, classification of absolutely privileged communications is necessarily narrow. Barakat v. Matz, 271 Ill. App. 3d at 667 .

Sullivan v. City of Hillsboro

Appellate Court of Illinois · Mar 11, 1999

The trial court held that the city was immune from liability pursuant to provisions of the Local Governmental and Governmental Employees Tort Immunity Act (Act) (745 ILCS 10/1-101 (West 1996)), and the court granted the city's … Clearly not. Though the plaintiff may have violated state statutes, the purpose of those statutes was not to prevent the type of harm the plaintiff encountered on the road.

Christopherson v. Spring Valley Elementary School District

90 Ill. App. 3d 460 · Appellate Court of Illinois · Nov 26, 1980

In the letter she also explained her involvement in State and local reading council activities and described her arrangement for a well-qualified substitute. … Clearly her conduct was intentionally insubordinate, and the finding that her act of insubordination was not remediable was appropriate.

Humane Society of Will County v. St. Joseph Hospital

153 Ill. App. 3d 299 · Appellate Court of Illinois · Mar 12, 1987

We find that the “fails to qualify” language clearly encompasses a refusal on the part of ASPCA to accept the gift. Here, the disclaimer by the ASPCA automatically triggered the gift-over provision in the will. … The “fails to qualify language” and the gift-over provision in article seven of the will clearly encompass a refusal by the ASPCA to accept the gift on the terms set forth in article six.

Mahoney Grease Service, Inc. v. City of Joliet

85 Ill. App. 3d 578 · Appellate Court of Illinois · Jun 19, 1980

Based upon the common law legislative immunity, plaintiff may not successfully maintain its claim against the individual councilmen defendants. … It is also established law that the city can ratify the out-of-court compromise of litigation by the city attorney. In City of Chicago v.

Ware v. Carey

75 Ill. App. 3d 906 · Appellate Court of Illinois · Aug 27, 1979

If the Governor’s statements had been communicated to Department officials, they clearly would have been absolutely privileged. … Carey contends that his affidavit establishes an innocent construction for his press release.