Case law

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  • Bond Cty. Comm. Sch. Dist. v. Ind. Ins.

    207 Ill. Dec. 331 · Appellate Court of Illinois · Jan 26, 1995

    ANALYSIS We start our analysis, as did the trial judge, with the well-established rule that a governmental entity must abide by its contractual obligations. ( Wall v. … since plaintiffs had clearly filed their lawsuit outside the relevant limitations periods.

    Cited 2 timesPublished
  • Ballew v. Edelman

    34 Ill. App. 3d 490 · Appellate Court of Illinois · Dec 1, 1975

    Clearly the standard is a guide to the amount of financial aid but the terms are not synonymous. … In Illinois the duty to establish and amend the standards appears in section 12 — 4.11 of the Public Aid Code as above set forth.

    Cited 9 timesPublished
  • Nelson v. County of Kendall

    990 N.E.2d 1237 · Appellate Court of Illinois · May 30, 2013

    The Newman court’s resolution of that issue is not helpful to determining whether State’s Attorneys are subject to the Act, which turns on whether the office of State’s Attorney qualifies as a judicial … Rather, our task is to resolve the narrow issue of whether the legislature intended for the office of State’s Attorney to qualify as a “public body” subject to the Act.

    Cited 8 timesPublished
  • Jensen Sound Laboratories v. Long

    113 Ill. App. 3d 331 · Appellate Court of Illinois · Mar 16, 1983

    In order to establish open-account credit with the plaintiff, Kingsberry Homes, the defendants executed a personal guarantee to the plaintiff. … The court based its decision on the personal guarantee executed by the defendants, finding that “it [was clearly] the intent of the parties to exchange an open account status in return for a pledge of individual responsibility

    Cited 1 timesPublished
  • IOS Capital, Inc. v. Phoenix Printing, Inc.

    348 Ill. App. 3d 366 · Appellate Court of Illinois · Apr 22, 2004

    “Accordingly, in most instances, the law immunizes corporate officers from corporate liabilities and debts.” People ex rel. Madigan v. Tang, 346 Ill. App. 3d 277, 284 (2004). … Those cases cited by [the plaintiff] in support of its conversion argument are clearly distinguishable on their facts from the present case.

    Cited 17 timesPublished
  • Du Page County Airport Authority v. Department of Revenue

    Appellate Court of Illinois · Jun 14, 2005

    The new statutory language does not clearly alter the "broadly written exemption" upon which the supreme court based its conclusion that privately leased property could qualify for an exemption so long as its use otherwise … The disputed property cannot qualify for the first basis for exemption. F.

    Cited 0 timesPublished
  • Burnett v. Donath

    127 Ill. App. 3d 131 · Appellate Court of Illinois · Aug 30, 1984

    that opinion which the trial court had used in dismissing the original complaint: “[I]t would be entirely reasonable for the city to have believed that it fulfilled its duty to maintain a safe intersection by providing the clearly … App. 332 ), which is codified in section 3—104(b) of the Local Governmental and Governmental Employees Tort Immunity Act (Ill. Rev.

    Cited 5 timesPublished
  • D'Agnolo v. Catholic Cemetery Association of Peoria

    2026 IL App (4th) 250350 · Appellate Court of Illinois · Feb 2, 2026

    As relevant to the issue presented on appeal, affirmative defense No. 6 asserted immunity under the Remains Act (755 ILCS 65/45 (West 2024)). … In that case, the defendant county hospitals’ governing commission (Commission) established a mandatory retirement program for its employees, which required employees to retire at the age of 65. Sibley, 22 Ill.

    Cited 0 timesPublished
  • Elizondo v. Ramirez

    Appellate Court of Illinois · Jul 17, 2001

    We, too, conclude that the collection of a small fee, by someone who, absent the fee, would otherwise clearly not be a business invitor, is insufficient to establish the special relationship of business invitor and invitee … That defendants charged a fee to guests attending what would otherwise clearly be a social gathering is insufficient to establish this relationship.

    Cited 0 timesPublished
  • Battle v. Chicago Police Dept.

    468 Ill. Dec. 372 · Appellate Court of Illinois · Apr 14, 2022

    The circuit court found that plaintiff qualified for a full waiver of all filing fees and the cost of obtaining the record on appeal. … A finding is against the manifest weight of the evidence only if the opposite conclusion is clearly evident or if the finding itself is unreasonable, arbitrary, or not based on the evidence presented.

    Cited 8 timesPublished
  • BD. OF EDUC NORTH PALOS ELEMENTARY SCH. DIST. v. Williams

    118 Ill. App. 3d 256 · Appellate Court of Illinois · Sep 22, 1983

    “If the dispute is clearly within the arbitration clause, the court should order arbitration. … Bialik, principal of Conrady, stated that the past practice established by the Board was to seek a volunteer substitute from among those qualified to teach the subject area before any teacher was ordered to substitute; only

    Cited 4 timesPublished
  • State of Illinois Medical Center Commission v. Peter Carlton at Ogden & Oakley, Inc.

    169 Ill. App. 3d 769 · Appellate Court of Illinois · May 2, 1988

    The language of these provisions clearly empowers the Commission to make land use decisions within the District and bar those uses which it considers unlawful. … After noting that “[n]either the Illinois Municipal Code nor the Park District Code provides park districts with immunity from the zoning ordinances of their host municipality” and accepting the appellate court’s finding

    Cited 1 timesPublished
  • Weber v. Winnebago County Officers Electoral Board

    2012 IL App (2d) 120051 · Appellate Court of Illinois · Feb 24, 2012

    It reads in relevant part: “[The statement of candidacy] shall state that the candidate is a qualified primary voter of the party to which the petition relates and is qualified for the office specified … statutory standard, the case presents a mixed question of fact and law for which the standard of review is ‘clearly erroneous.’

    Cited 4 timesPublished
  • Byrd v. Aetna Casualty & Surety Co.

    152 Ill. App. 3d 292 · Appellate Court of Illinois · Feb 5, 1987

    According to the court, it would be unreasonable to immunize from punitive damages employers who unjustly discharged union employees and, at the same time, penalize employers who unfairly terminated a nonunion employee. … As stated by the Allis-Chalmers court: “The duties imposed and rights established through the state tort thus derive from the rights and obligations established by the contract.” Allis-Chalmers Corp. v.

    Cited 3 timesPublished
  • People ex rel. Civic Restaurant, Inc. v. Prendergast

    131 Ill. App. 2d 68 · Appellate Court of Illinois · Oct 23, 1970

    We think, however, that the pleadings and testimony clearly disclose the fact that defendants would not have issued the licenses upon demand The answer clearly states that the Collectors refusal was for good and sufficient … The law is contrary to this view, and it is well established that petitioners have the burden of establishing a clear right to a writ of mandamus. (Harrison v. People, 124 Ill.App. 519 .)

    Cited 2 timesPublished
  • Dorr-Wood, Ltd. v. Department of Public Health

    99 Ill. App. 3d 170 · Appellate Court of Illinois · Aug 17, 1981

    Clearly then, the intended definition of a “recipient” is a medically indigent individual rather than a facility which provides medical care to such individuals. … Defendants further assert that the doctrine of sovereign immunity bars suit against a state agency in the circuit court absent the State’s consent.

    Cited 9 timesPublished
  • Big Ten Conference, Inc. v. Department of Revenue

    Appellate Court of Illinois · Feb 22, 2000

    The ALJ found that the Big Ten played no role in accreditation and established no academic standards or other admission policies for its members. … Our supreme court held that the organization's property qualified for a property tax exemption.

    Cited 0 timesPublished
  • People ex rel. Mathes v. Foster

    40 Ill. App. 3d 1053 · Appellate Court of Illinois · Sep 2, 1976

    The Director may substitute rankings such as superior, excellent, well-qualified and qualified for numerical ratings and establish eligible lists accordingly. ° * Section 8b.5 provides: “§8b.5. … Petitioner’s request that the writ require all new positions and vacancies to be filled by promotion is clearly unwarranted.

    Cited 2 timesPublished
  • Makowski v. City of Naperville

    249 Ill. App. 3d 110 · Appellate Court of Illinois · Aug 2, 1993

    Act (Tort Immunity Act) (Ill. … Such a construction would clearly conflict with section 7 — 2—5.7, which is controlling.

    Cited 47 timesPublished
  • Smith v. WEST SUBURBAN MEDICAL CENTER

    397 Ill. App. 3d 995 · Appellate Court of Illinois · Jan 21, 2010

    Nkulu also contended that, because Triton was a “local public entity” under the Local Governmental and Governmental Employees Tort Immunity Act (745 ILCS 10/1—101 et seq. … (West 2006)), he was immune from liability under various provisions of that statute. Also on May 1, 2007, Triton filed its answer to count I of Smith’s complaint.

    Cited 3 timesPublished

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