Case law

O'Hare Truck Service, Inc. v. Illinois State Police

Appellate Court of Illinois · Nov 22, 1996

We note that the defendants erroneously contend that sovereign immunity bars O'Hare's suit in the circuit court. … In its complaint, O'Hare refers to ISP procedures, rules, and directives, but these "rules" do not qualify as a state statute or regulation.

Verdeyen v. Board of Education of Batavia Public School District No. 101

150 Ill. App. 3d 915 · Appellate Court of Illinois · Dec 5, 1986

Section 21 — 25 clearly states that an applicant for a school service personnel certificate must possess a bachelor’s degree in order to be issued the certificate. … The party claiming estoppel bears the burden of establishing it by clear, concise, and unequivocal evidence. (Johnson v. Security Insurance Co. (1985), 135 Ill. App. 3d 690, 694 , 481 N.E.2d 1263 .)

Nagib v. News-Sun

64 Ill. App. 3d 752 · Appellate Court of Illinois · Oct 12, 1978

The negligence standard established in Troman, however, has a limitation which is directly appropriate to this case. … App. 3d 1030, 1036 , 367 N.E.2d 478, 483 ), and the allegation that defendants acted in total disregard of the truth of the statements made would not alone, even if established by the evidence, defeat the qualified privilege

Grace Community Church Assemblies of God v. Illinois Department of Revenue

Appellate Court of Illinois · Apr 18, 2011

Mixed questions of law and fact "are questions in which the historical facts are admitted or established, the rule of law is undisputed, and the issue is *** whether the rule of law as applied to the established facts … However, neither the exemption statute nor cases interpreting it have established a minimum required frequency of use for religious purposes. In general, unused property cannot qualify for an exemption.

Stuckey v. Renaissance at Midway

2015 IL App (1st) 143111 · Appellate Court of Illinois · Feb 23, 2016

Renaissance therefore asked the circuit court to deny plaintiff’s motion to compel, as the “applicable statutes and relevant Illinois case law clearly establish that Defendant cannot produce information or documentation … We conclude that they clearly do.

Nudd v. Matsoukas

6 Ill. App. 2d 504 · Appellate Court of Illinois · Sep 13, 1955

Ann. 64.01-64.21]), removed the husband’s common-law immunity from tort actions instituted by his wife. … “Questions of public policy are primarily for the Legislature.” ’ ” The plaintiffs urge that this court should change long and firmly established rules of law and declare a new public policy for the State.

Johnson v. Retirement Board of Policemen's Annuity and Benefit Fund

137 Ill. App. 3d 546 · Appellate Court of Illinois · Oct 24, 1985

At the very least, Johnson’s uncontradicted testimony established that he was crossing the street fulfilling his duties directing traffic when the injury occurred. … Such activity was clearly not incident to a citizen in the ordinary walks of life. Rather, he was engaged in activities related to his duty as a police officer to protect and serve the public.

People v. Quick

Appellate Court of Illinois · Dec 7, 1999

Rhoden and Jamison were given immunity in exchange for their testimony in the defendant's case. … The State points out that the type of gun used and the location of the shooter were otherwise established by the physical evidence.

Springfield School District No. 186 v. Department of Revenue

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.

People v. Bertrand

978 N.E.2d 681 · Appellate Court of Illinois · Sep 28, 2012

frustration or abuse of the legislative process, a legal significance or effect must be given to each failure to vote by a municipal legislature who is present at a board meeting. ¶ 42 The Prosser rule established … The Citizen Participation Act attempts to provide citizens with legal immunity from SLAPPs.

People v. Montgomery

18 Ill. App. 3d 828 · Appellate Court of Illinois · Mar 21, 1974

The statement was clearly hearsay because it was intended to prove the truth of the matter asserted. … Such an assertion is not encompassed within any of the established hearsay exceptions, is not supported by any legal authority, and is rejected by this court.

Davis v. The City of Chicago

2014 IL App (1st) 122427 · Appellate Court of Illinois · May 14, 2014

But the record clearly negates this assertion. … In defense, defendants asserted immunity under the Act.

Evers v. Edward Hospital Ass'n

247 Ill. App. 3d 717 · Appellate Court of Illinois · Jul 9, 1993

The Health Care Act has two main features: (1) it provides legal immunity for physicians engaged in peer review, and (2) it establishes a national clearinghouse to collect information on physicians. … Finally, the hospital notified plaintiff that it declined to determine whether plaintiff was qualified because his application was incomplete.

Department of Transportation v. Harper

64 Ill. App. 3d 732 · Appellate Court of Illinois · Oct 12, 1978

His ownership, regardless of his knowledge, qualifies him to testify.” ( 22 N.D. 544, 546 , 134 N.W. 749, 750 .) … In Lopez the court stated: “[I]t is well-established law that an owner of property is always competent to testify as to its value.

Habinka v. Human Rights Commission

192 Ill. App. 3d 343 · Appellate Court of Illinois · Dec 15, 1989

The record clearly establishes that certain company officials were already aware of complainant’s earlier problem with heroin addiction. … (Even where drug dependence is established as constituting a disease or functional disorder, see paragraph (d) ***),” in the interpretive rules clearly contemplates the possibility of a complainant’s establishing his drug

Cullerton v. Du Page County Officers Electoral Board

Appellate Court of Illinois · Aug 7, 2008

law and fact--questions on which the historical facts are admitted, the rule of law is undisputed, and the only remaining issue is whether the facts satisfy a statutory standard--will not be disturbed on review unless clearly … Such restrictions and establishment of the period of time involved are, within constitutional limitations, matters for legislative determination.

Addison v. Health & Hospital Governing Commission

56 Ill. App. 3d 533 · Appellate Court of Illinois · Dec 27, 1977

She argues that a line of Illinois cases establishes that a statute requiring written notice of suit does not apply to a minor. (See Haymes v. … Although Praznik held the discovery rule applicable to a wrongful death action, the case is clearly distinguishable.

Schmidt v. Illinois State Board of Elections

2016 IL App (4th) 160189 · Appellate Court of Illinois · Feb 15, 2017

Additionally, where the “facts are admitted or established and the only dispute concerns whether the governing legal provisions were interpreted correctly,” we apply a de novo standard of review. … Moeller’s conduct clearly violated the restriction set forth in section 8-8 against signing petitions or being a candidate in the primary of more than one party.

Powers v. Delnor Hospital

135 Ill. App. 3d 317 · Appellate Court of Illinois · Jul 24, 1985

With respect to count I, the governing law is well established, though its application to a particular case is not always clear. … be sufficient to defeat Fitzmaurice’s and Smith’s qualified privilege as co-employees at the hospital.

Board of Education of Community High School District No. 218 v. Village of Robbins Modification of November 30, 2001, opinion on denial of rehearing

Appellate Court of Illinois · Feb 8, 2002

It is well established that on appeal, a trial court's findings will not be set aside unless clearly contrary to the manifest weight of the evidence. Reed-Custer Community Unit School Dist. No. 255-U v. … Accordingly, "[t]he decision of the trial court is against the manifest weight of the evidence if a review of the record clearly establishes that the decision opposite to the one reached by the trial court was the proper