Case law

Ghiles v. Municipal Officers Electoral Board

2019 IL App (1st) 190117 · Appellate Court of Illinois · Jun 28, 2019

The Board proposed such draft rules of procedure in its notice to the parties, including Rule 8, which establishes a procedure for considering a prospective candidate’s papers when, as Mr. … “[T]he person questioning the validity of the administrative regulation bears the burden of establishing its invalidity.” Id. at 332.

By the Hand Club for Kids, NFP, Inc. v. Department of Employment Security

2020 IL App (1st) 181768 · Appellate Court of Illinois · Dec 30, 2020

the clearly erroneous standard. … Id. at 75. ¶ 62 This strict baseline standard for establishing entitlement to an exemption is met here with a standard of review of clearly erroneous.

Hanks v. Mount Prospect Park District

244 Ill. App. 3d 212 · Appellate Court of Illinois · Mar 19, 1993

While the foregoing cases clearly establish that a landowner has a duty to remedy conditions on his property which are dangerous to children, we find them to be inapplicable since there are no allegations here of a dangerous … In addition, the injury here clearly was not caused by a physical defect in the parking lot or the driveway, but instead was caused by an independent factor, the defendant Ursetto.

In Re Petition to Disconnect From Village of Hills

386 Ill. App. 3d 355 · Appellate Court of Illinois · Oct 15, 2008

Clearly, section 7 — 3—1 is not limited to single parcels. … We will not disturb the trial court’s finding that petitioners established the statutory requirements for disconnection unless the finding is clearly contrary to the manifest weight of the evidence.

Cunningham v. Schaeflein

2012 IL App (1st) 120529 · Appellate Court of Illinois · May 4, 2012

Although the hearing officer found the testimony of Weed, Leslie, and Hwang “clearly established a violation of the Election Code’s requirement that a circulator appear before a notary,” the hearing officer … While the hearing officer determined that the evidence before the Board “clearly established a violation of the Election Code’s requirement that a circulator appear before a notary” to swear his petition

People v. Tatman

85 Ill. App. 3d 274 · Appellate Court of Illinois · Jun 23, 1980

Thus, the record clearly shows that at all times pertinent to the circumstances of this case, this informant was acting under the control and direction of the police, with the established sole purpose of providing information … Given these facts, the court correctly determined that the State failed to establish that the informant qualified under the “citizen informant” exception to a showing of credibility.

Ryan v. Landek

159 Ill. App. 3d 10 · Appellate Court of Illinois · Jun 8, 1987

It is a mandatory requirement under section 10 — 4 that the circulator certify that the voters signing the petitions are registered and qualified. … Ryan’s argument clearly elevates form over substance and does not further the legislature’s purpose in promulgating section 10 — 4.

Evans v. Abbott Products, Inc.

150 Ill. App. 3d 845 · Appellate Court of Illinois · Dec 10, 1986

While no written agreement exists, plaintiff relies on Personnel Pool’s circular to establish the existence of an agreement. … Plaintiff clearly is a loaned employee as a matter of law. Moreover, Abbott had a right to control plaintiff’s work activities, at least temporarily.

Sheriff of Jackson County v. Illinois State Labor Relations Board

302 Ill. App. 3d 411 · Appellate Court of Illinois · Jan 7, 1999

The merit commission waived the assessment-panel component of the promotional exam for Jacquot and certified him as qualified for the position. … The Sheriff does not argue that Brown did not establish a prima facie case, but instead he contends that his actions do not constitute an unfair labor practice.

Zieler v. Village of Oak Lawn

23 Ill. App. 3d 752 · Appellate Court of Illinois · Oct 11, 1974

ZIELER, the established salary, in such an amount and at such times as shall be fixed by ordinances of the Village of Oak Lawn in such cases made and provided.” … Clearly, these are matters separate and distinct from plaintiff’s original cause of action. Section 26 does not permit a party to change the nature of the original proceeding.

Alarm Detection Systems, Inc. v. Village of Hinsdale

326 Ill. App. 3d 372 · Appellate Court of Illinois · Dec 12, 2001

The Village is clearly a unit of local government within the meaning of sections 5(15) and 11. … Giving effect to that plain language, we conclude that the Village was immune from any liability under the Antitrust Act.

U.S. Bank v. Dzis

957 N.E.2d 1183 · Appellate Court of Illinois · Jun 15, 2011

Dzis does not have a fundamental right to have a sheriff, rather than a properly qualified private person, serve process on him, nor does he have a right to have the qualified person who serves him with process … of a statute are clearly set forth, the courts are not bound by the literal language of a particular clause that might defeat such clearly expressed intent. *** [T]he judiciary has the authority

People v. Matthews

464 Ill. Dec. 620 · Appellate Court of Illinois · Dec 9, 2022

State—namely, a drug conviction from Will County case No. 92-CF-3211—was not a qualifying predicate conviction … See id. ¶¶ 38-39 (affirming the defendant’s sentence for armed robbery where the record clearly established that the defendant’s void AUUW conviction did not affect the trial court’s sentencing decision); People v.

Brogan v. Colatorti

2022 IL App (2d) 220160 · Appellate Court of Illinois · Aug 22, 2022

words, whether the rule of law as applied to the established facts is or is not violated. … facts not clearly erroneous.

Henricksen v. Illinois Racing Board

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. … Neff , 95 U.S. 714, 720-22 , 24 L.Ed. 565, 568 (1878): "The authority of every tribunal is necessarily restricted by the territorial limits of the State in which it is established.

People v. Mankowski

28 Ill. App. 3d 641 · Appellate Court of Illinois · May 1, 1975

Officer Batka’s testimony clearly establishes that he gave the defendant a copy of the written notice and read the notice to the defendant. … It is apparent to us that defendant’s own trial testimony establishes that he understood the purpose of the breathalyzer test.

Forest Glen Brick & Tile Co. v. Gade

55 Ill. App. 181 · Appellate Court of Illinois · Dec 6, 1894

The surplus stock above $30,000 was not called in and canceled pro rata, and a new. basis of holdings established. … That case is, however, clearly distinguishable from the one under consideration.

People v. Garcia

405 Ill. App. 3d 608 · Appellate Court of Illinois · Nov 5, 2010

Defendant’s own statement, which he claimed was the product of coercion and beaten out of him, clearly distanced himself from the victim. … There, a witness testified concerning the scope of the immunity he was granted. However, the State knew the scope of the immunity was much broader than what the witness described while testifying.

People v. Durant

2024 IL App (1st) 211190-B · Appellate Court of Illinois · Mar 25, 2024

Based on his prior convictions of numerous Class X offenses, the statute clearly did apply. … Nor has he established a violation of his due process rights. Consequently, he has not shown the cause and prejudice necessary for leave to file a successive postconviction petition.

Slenker v. Grand Lodge of State of Illinois of Independent Order of Odd Fellows

344 Ill. App. 1 · Appellate Court of Illinois · Sep 29, 1949

“The holding in the Parks case clearly exempts the trust funds of a charity from any liability for the torts of its agents and employees. … We are of the opinion there is no justification for absolute immunity if the trust is protected, because that has been the reason for the rule of absolute immunity.