Case law

Harraz v. Snyder

283 Ill. App. 3d 254 · Appellate Court of Illinois · Jun 19, 1996

At this juncture, it clearly appears to us that the new legislative enactment effected a substantive change in the law. … The Chemrex court concluded that the tank owner had established a vested right to reimbursement from the fund prior to the change in the law.

Parker v. House O'Lite Corp.

324 Ill. App. 3d 1014 · Appellate Court of Illinois · Aug 22, 2001

. •14 Once a defendant has established a qualified privilege, a communication is actionable only if the plaintiff can show the defendant abused the privilege. Vickers, 308 Ill. App. 3d at 404 . … Additional evidence established that only the legal department was consulted on this particular matter.

People v. Kilkelly

2026 IL App (2d) 240776 · Appellate Court of Illinois · Feb 10, 2026

For example, an establishment with serious police activity, structural problems, and -6- significant unpaid bills would not qualify. … Long acknowledged that People’s exhibit No. 9, an e-mail from Finance Director Tina Smigielski to her assistant (Douglas Dorando), dated December 16, 2020, stated that to qualify for the COVID-19 credit, establishments

Lucas v. The County of Cook

987 N.E.2d 56 · Appellate Court of Illinois · Mar 5, 2013

Lucas failed to articulate a clearly mandated public policy to support her claim of retaliatory discharge. … Lucas failed to establish a cause of action for retaliatory discharge. Namely, she failed to show a violation of a public policy or establish any proof of retaliation.

Village of Maryville v. Illinois Labor Relations Board

Appellate Court of Illinois · Jun 29, 2010

In light of the existing law on this topic, the Board's decision was not clearly erroneous. … If the Village of Maryville is not able to establish facts supporting its claim that its sergeants qualify as supervisors under the Act, the employees at issue should not be found to be supervisors.

Bell v. Retirement Board of the Firemen's Annuity and Benefit

Appellate Court of Illinois · Feb 19, 2010

This court has clearly held that Bertucci did not state that it was to be applied prospectively only, nor did it establish a new principle of law. See Coleman, 392 Ill. App. 3d at 388, 911 N.E.2d at 500. … Tonkovic, Bertucci, Hooker, and Coleman all clearly relied on the plain language of section 6- 140.

King v. Levin

184 Ill. App. 3d 557 · Appellate Court of Illinois · Jun 5, 1989

We reject plaintiff’s argument that the above cases are distinguishable from the instant case because they involve complaints clearly placing the privilege in issue either because the person was in a privileged position as … We hold that plaintiff has failed to present sufficient evidence to prima facie defeat defendant’s qualified privilege under any of these tests.

Goodman v. Ward

Appellate Court of Illinois · Jan 14, 2010

who lives anywhere in the circuit is qualified. … Consequently, Section 11 does not expressly answer the question whether residency in the selection district must be established at the time petitions are filed.

Commerce Bank v. Youth Services of Mid-Illinois, Inc.

333 Ill. App. 3d 150 · Appellate Court of Illinois · Aug 23, 2002

immunity. … Clearly, the majority's finding that "every interaction defendant had with the Augsburgers was dictated by DCFS regulations" is erroneous. Op. 266 Ill.Dec. at 740 , 775 N.E.2d at 302 .

Long v. Retirement Board of Firemen's Annuity & Benefit Fund

391 Ill. App. 3d 681 · Appellate Court of Illinois · May 15, 2009

Questions of law are reviewed de novo, and mixed questions of law and fact are reviewed under the clearly erroneous standard. Marconi, 225 Ill. 2d at 532 . A. … impression the resolution of which was not clearly foreshadowed.

In re Fatima A.

2015 IL App (1st) 133258 · Appellate Court of Illinois · Mar 26, 2015

Knox that Fatima did not qualify for specialization. … Cinkus, 228 Ill. 2d at 210. ¶ 60 And finally, 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

In Re Marriage of Richardson

255 Ill. App. 3d 1099 · Appellate Court of Illinois · Dec 27, 1993

On appeal, court ruled that child’s home State was established in Missouri six months after the move).) … Given Brandi’s life history and the history of custody litigation in this case, John suggests that all three States, Illinois, California and Arizona, would qualify under subsection (1); California most clearly qualifies

People v. Kelly

185 Ill. App. 3d 43 · Appellate Court of Illinois · Jun 26, 1989

Ozaki’s testimony established that the vaginas of both girls may have been penetrated, there was no evidence that defendant had done so. … Clearly, the jury was not required to and in fact did not believe defendant’s alibi defense.

Bruss v. Przybylo

385 Ill. App. 3d 399 · Appellate Court of Illinois · Sep 26, 2008

The law knows no heresy, and is committed to the support of no dogma, the establishment of no sect. … The court refused, holding that the abstention doctrine “presupposes that the religious organization itself has acted before immunizing the decision from judicial review.” Vann, 452 F. Supp. 2d at 655 .

Jackson-Hicks v. The East St. Louis Board of Election Commissioners

2015 IL App (5th) 150028 · Appellate Court of Illinois · Mar 26, 2015

“[F]actual determinations are against the manifest weight of the evidence if the opposite conclusion is clearly evident.” … The “clearly erroneous” standard of review applies to mixed questions of law and fact. Cinkus, 228 Ill. 2d at 211.

Geneva Residential Ass'n v. City of Geneva

77 Ill. App. 3d 744 · Appellate Court of Illinois · Oct 31, 1979

The decision of the local legislature to grant a permit was essentially immune to judicial review. In particular, the dissenters objected to the vesting of quasi judicial powers in legislative bodies. … It is because of this immunity from review that legislative bodies must confine themselves to the prescribing of general rules.

Hendricks v. Board of Trustees of the Police Pension Fund of the City of Galesburg

2015 IL App (3d) 140858 · Appellate Court of Illinois · Oct 1, 2015

Questions of law, however, are subject to de novo review, and mixed questions of fact and law are reviewed under the clearly erroneous standard. Id. … Our review of the Board’s decision in this case extends to all questions of law and fact presented by the entire record established in the hearing before the Board.

Oswald v. Hamer

73 N.E.3d 536 · Appellate Court of Illinois · Dec 22, 2016

lacked the ability to pay, and had qualified for the hospital’s charity program. … “To overcome this 10 No. 1-15-2691 presumption, the party challenging the statute must clearly establish the statute’s invalidity.” Id.

People v. Trottier

2023 IL App (2d) 230317 · Appellate Court of Illinois · Dec 8, 2023

A finding is against the manifest weight of the evidence only where the opposite conclusion is clearly apparent or if the finding is unreasonable, arbitrary, or not based on the evidence presented. … Defendant claims that his score of 2 out of 14 on the Assessment establishes his nearly nonexistent threat to the community if released.

Meeters v. Windmill City Entertainment, Inc.

2025 IL App (2d) 240137-U · Appellate Court of Illinois · Mar 12, 2025

Because the plaintiff failed to establish such notice, the court upheld the grant of summary judgment for the rink operator. Tomczak, 315 Ill. App. 3d at 1041. … The issue was not whether that designated floor supervisor was qualified for that role or performed competently.