Case law

Flynn v. Town of Normal

427 Ill. Dec. 704 · Appellate Court of Illinois · Dec 19, 2018

amended complaint, which would have conformed their pleadings to the proof and not added any new issues to the case. ¶ 27 "Summary judgment is proper when the pleadings, depositions, affidavits, and other matters on file establish … Plaintiffs maintain that because George was a motorist at the time of the initial traffic collision with Laird, he was clearly an intended and permitted user of the roadway.

Nelson v. Crystal Lake Park District

Appellate Court of Illinois · Aug 27, 2003

On appeal, she argues that those allegations sufficed to establish that she had a property interest in her position. We agree. … The court held that, because the statute established that an alderman was "entitled" to occupy his position until his successor was duly elected and qualified, he had a property interest in his office that could "be taken

In Re Marriage of James

259 Ill. App. 3d 29 · Appellate Court of Illinois · Feb 9, 1994

In order for a preliminary injunction to issue, petitioner must establish that: (1) he possesses a clearly ascertained right which needs protection; (2) he will suifer irreparable harm without the injunction; (3) there is … Thus it is questionable whether respondent in this case has established a clearly ascertainable right to have the petition to modify custody (and/or a possible future petition to remove the child to Florida) decided by a

Kranzler v. Saltzman

407 Ill. App. 3d 24 · Appellate Court of Illinois · Jan 18, 2011

Second, it clearly establishes the nature of the transaction. Plaintiff loaned money to defendant. Third, the amount in question is readily apparent: $100,000 plus interest. … Evanston Hospital, 199 Ill. 2d 483, 493 (2002) (“ ‘A court of review is entitled to have the issues clearly defined and to be cited pertinent authority.

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.

People v. David

141 Ill. App. 3d 243 · Appellate Court of Illinois · Feb 14, 1986

We find that the evidence clearly establishes the defendant had knowledge and constructive possession of the phenobarbital which was the basis of his conviction. … While defendant admits that Shirley was in court and available to testify under a grant of immunity, defendant argues that the grant of immunity was illusory because it left Shirley open to a charge of perjury if he gave

M.U. v. Team Illinois Hockey Club, Inc.

2022 IL App (2d) 210568 · Appellate Court of Illinois · Aug 19, 2022

¶ 37 While Team Illinois is not, itself, a place of public accommodation, that does not necessarily mean that it is immune from liability under the Act. … Additionally, the PGA Tour leased and operated the golf courses for its qualifying rounds and tours.

Suwanski v. Village of Lombard

Appellate Court of Illinois · Jul 30, 2003

If cause in fact is established, the next question is whether the defendant should be held legally responsible for it. Harrison , 197 Ill. 2d at 477 . … On the other hand, there are also undisputed facts that clearly support a finding of willful and wanton conduct.

Edwards v. City of Quincy

124 Ill. App. 3d 1004 · Appellate Court of Illinois · May 30, 1984

The court also held the Local Governmental and Governmental Employees Tort Immunity Act also barred this suit. … This general rule, however, is qualified to enable a party to invoke estoppel when municipal officers induced his action and to prevent the municipality from stultifying itself by retracting what its agents have done, where

Moyer v. Southern Illinois Hospital Service Corp.

Appellate Court of Illinois · Feb 7, 2002

Bleyer is not a nurse and he does not establish that he is otherwise qualified to testify about nursing procedures, he was not qualified to testify regarding the nurse's standard of care in administering or monitoring thrombolytic … Bleyer's deposition establishes that he was qualified pursuant to section 2-622(a) to complete the written report required by that section.

People v. Stapelton

4 Ill. App. 3d 477 · Appellate Court of Illinois · Mar 27, 1972

clearly and prejudicially erroneous. … They were clearly observable by a jury which could have determined their importance if given the opportunity to do so.

Northern Illinois University Foundation v. Sweet

237 Ill. App. 3d 28 · Appellate Court of Illinois · Oct 23, 1992

The constitution and the statute permit the exemption only on the basis of a qualifying use, and the property must be in actual use for the exempting purpose to qualify for the exemption. … Because the plaintiff has failed to establish clearly its right to the educational use exemption, and because any doubts must be resolved in favor of taxation, we conclude that the ALJ’s decision must be sustained; it was

Springfield School District No. 186 v. Department of Revenue

384 Ill. App. 3d 715 · Appellate Court of Illinois · Aug 26, 2008

The District does not clearly and convincingly establish that it intends to own the property in the future where it has granted a third party the right to transfer ownership. … At issue is whether the District clearly established the second element of section 15 — 60.

Gray v. National Restoration Systems, Inc.

354 Ill. App. 3d 345 · Appellate Court of Illinois · Apr 16, 2004

This was clearly a ruling that pertained to issues that were no longer before the court, and as such, was improper. … Clearly these paragraphs also dealt with the adequacy of warnings. This was clearly erroneous. As such, we find that the trial court decision was erroneous as it pertains to these paragraphs.

Anderson v. Community Unit District No. 228

114 Ill. App. 3d 901 · Appellate Court of Illinois · May 24, 1983

Section 504 of the Rehabilitation Act provides as follows: “No otherwise qualified handicapped individual in the United States *** shall, solely by reason of his handicap, be excluded from the participation in, be denied … Supp. 661 , is clearly applicable to this issue.

People v. Tyler

66 Ill. App. 3d 1017 · Appellate Court of Illinois · Dec 22, 1978

In Reed, we held that there was no per se conflict of interest and to otherwise establish the denial of effective assistance of counsel the defendant must establish actual prejudice resulting from representation by the same … Here, although the group was clearly bent on illegal activities, there is no evidence tending to show that the rape was part of a common plan.

Martin v. Miles

41 Ill. App. 2d 208 · Appellate Court of Illinois · May 13, 1963

The last point raised should be clearly disposed of. … The record clearly establishes that the defendant’s vehicle under defendant’s control, skidded across the highway directly into the path of the vehicle which decedent was driving, and there were no circumstances which could

Glass v. Ingalls Memorial Hospital

32 Ill. App. 3d 237 · Appellate Court of Illinois · Sep 12, 1975

Clearly Cunningham bears, at most, only tangentially on our determination of the constitutionality of a statute enacted subsequent to its issuance. … Only if it can be said that the classification is clearly unreasonable and palpably arbitrary will a court declare the statute invalid. [Citations.]

People v. Maya

2019 IL App (3d) 180275 · Appellate Court of Illinois · Jul 17, 2019

In establishing that standard, the United States Supreme Court cautioned that judicial scrutiny of counsel’s performance must be highly deferential. Id. at 689. … Id. at 336. ¶ 30 As Manning demonstrates, a claim that counsel’s decisions in jury selection amounted to ineffective assistance is not wholly immune from review.

OKO, LLC v. Illinois Dept. of Revenue

355 Ill. Dec. 249 · Appellate Court of Illinois · Jun 20, 2011

. ¶ 2 OKO appeals, arguing the Department's denial was clearly erroneous where, under the terms of the sale-leaseback agreement, the previous owner, who is also the lessee, retained sufficient indicia of ownership to qualify … The ALJ complains here that OKO "did not clearly establish through documentary evidence" that the Center had a troubled financial history, that the sale-and-leaseback was its only financing option, or why the Regions Bank