Case law

Smith v. Department of Registration & Education

170 Ill. App. 3d 40 · Appellate Court of Illinois · May 11, 1988

The trial court found that plaintiff had not established a protectable right to prehearing discovery or an inadequate remedy at law. … Based on our holding that the trial court properly dismissed the complaint, we need not address the Department’s contention that plaintiff’s claim is barred by the doctrine of sovereign immunity.

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.

In Re Marriage of Hall

404 Ill. App. 3d 160 · Appellate Court of Illinois · Aug 25, 2010

With respect to the Anheuser-Busch Deferred Income Stock Purchase and Savings Plan, the parties agree to enter into a Qualified Domestic Relations Order [(QDRO)] providing for the distribution of fifty percent (50%) of the … Petitioner argues that the language of the marital settlement agreement clearly reflects the parties’ intent to equally divide all of respondent’s retirement plans that accrued during the marriage. We agree.

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.

Arts Club of Chicago v. Dept. of Revenue

334 Ill. App. 3d 235 · Appellate Court of Illinois · Sep 27, 2002

The Department contends, however, that review of the evidence related to the remaining Korzen factors establishes that the Club did not qualify as an institution of public charity. … clearly and convincingly that it was entitled to an exemption.

Atria v. Geist

64 Ill. App. 3d 88 · Appellate Court of Illinois · Sep 15, 1978

Olson was well qualified to express an opinion. The principles in regard to the admission of expert testimony are well settled. … However, the trial court’s determination that this witness was not an expert is clearly erroneous in light of Mr. Olson’s background and experience in all phases of the painting field over the last 15 years. Mr.

Gates v. Holy Cross Hospital

175 Ill. App. 3d 439 · Appellate Court of Illinois · Sep 26, 1988

A dismissal should not be based solely on the pleadings “unless it clearly appears that no set of facts can be proved which will entitle plaintiffs to recover.” (Fitzgerald v. … Therefore, based on this grant of immunity from civil liability, we conclude that the trial court properly dismissed counts III through IX with prejudice.

Linh Phung Hoang Nguyen v. Nhutam Lam

90 N.E.3d 550 · Appellate Court of Illinois · Nov 3, 2017

Lam admitted that he never inspected the catch basin or lid after 1992 and a videotape and photographs clearly showed the rusted condition of the catch basin lid and the deteriorated concrete around the catch basin. … The defendant municipality asserted it was immune from liability under the Local Governmental and Governmental Employees Tort Immunity Act (Tort Immunity Act) (745 ILCS 10/3-102(a) (West 2010)) because it did not have

Contemporary Music Group, Inc. v. Chicago Park District

57 Ill. App. 3d 182 · Appellate Court of Illinois · Jan 20, 1978

Furthermore, immunity from the proper exercise of this power may not be granted by a contract of the State or a municipality. (City of Chicago v. Illinois Commerce Com. ex rel. Chicago & Western Indiana R.R. Co.) … Clearly, the resolution does not violate equal protection on its face, since it does not violate the special legislation provision (Ill. Const. 1970, art.

People v. Curvin

81 Ill. App. 3d 481 · Appellate Court of Illinois · Feb 27, 1980

The record establishes the defendant was properly admonished as to the consequences of his plea, and defendant has not alleged in his post-conviction petition that his plea was involuntary. … Bogolowski (1927), 326 Ill. 253 , the defendant had an agreement with the prosecutor that he would receive immunity if he testified; defendant served three years in jail instead.

Durham v. FOREST PRESERVE DISTRICT OF COOK CTY.

152 Ill. App. 3d 472 · Appellate Court of Illinois · Nov 25, 1986

It therefore enjoys the immunity granted to it under the Local Governmental and Governmental Employees Tort Immunity Act (Ill. Rev. Stat. 1983, ch. 85, par. 1 — 101 et seq., par. 1— 206). … The record clearly establishes that Schiller Pond was built as a retention pond and was used for fishing, not swimming. Defendant did not intend its patrons to use the picnic tables as flotation or diving devices.

Marconi v. Chicago Heights Police Pension Board

361 Ill. App. 3d 1 · Appellate Court of Illinois · Sep 19, 2005

The question of whether a police officer qualifies' for a disability pension involves an examination of the legal effect of a given set of facts. … As discussed, we have already decided to reverse the Pension Board’s decision as clearly erroneous.

Daka v. Director of Employment Security

2025 IL App (2d) 240294 · Appellate Court of Illinois · Oct 1, 2025

¶ 50 Here, the Board’s decision to affirm the denial of Daka’s application for waiver was not clearly erroneous. … When the failure to report the school wages is discovered, an overpayment is established.

Du Page Art League v. Department of Revenue

177 Ill. App. 3d 895 · Appellate Court of Illinois · Dec 30, 1988

Korzen (1968), 39 Ill. 2d 149 , 233 N.E.2d 537 , so as to qualify it as a charitable organization. … Plaintiff argues that amendatory language of section 19.7 of the Revenue Act of 1939 establishes its right to an exemption.

Pliakos v. Illinois Liquor Control Commission

12 Ill. App. 2d 170 · Appellate Court of Illinois · Jan 8, 1957

Standing alone, the paragraph clearly gave the State Commission authority to revoke as well as to issue licenses to retailers. … Although pursued by thousands, the business is not protected by the organic law and is not one of the privileges and immunities of citizens of the United States. The traffic therein is permissive only. Saladino v.

Interstate Material Corp. v. City of Chicago

150 Ill. App. 3d 944 · Appellate Court of Illinois · Dec 4, 1986

Under the city’s program, the “Purchasing Agent [of the City of Chicago] shall establish a goal of awarding not less that 25% of the annual dollar value of all City contracts to qualified MBEs.” … of MBEs *** which have been improperly certified or no longer qualify for certification, and for appeal from decertification.”

People v. Trottier

2023 IL App (2d) 230317 · Appellate Court of Illinois · Sep 11, 2024

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.

Thornburg v. Crystal Lake Park District

171 Ill. App. 3d 329 · Appellate Court of Illinois · Jun 8, 1988

Defendant waived its immunity from suit because it purchased liability insurance. The trial court granted motions for summary judgment in favor of the village and county. … A complaint should not be dismissed for failure to state a cause of action unless it clearly appears that there are no facts pleaded which would entitle the plaintiff to relief. (Zimring v. Wendrow (1985), 137 Ill.

In Re Marriage of Perlmutter

225 Ill. App. 3d 362 · Appellate Court of Illinois · Feb 10, 1992

If, as the trial court found to be the case, H.C. acquired stock in HFSL, which in turn purchased Heitman prior to the marriage, H.C. clearly had to be established and in existence as some form of operating entity to do so … To summarize, the trial court basically concluded that Heitman qualified as marital property for two reasons.

Rein v. David A. Noyes and Co.

208 Ill. Dec. 232 · Appellate Court of Illinois · Apr 13, 1995

There is some pause that I might have as to whether or not this case had a basis in fact that would avoid the — or in law that would avoid the imposition of 137 sanctions as established by the record, and therefore, I will … Plaintiffs clearly could have raised the principle of equitable estoppel in response to the statute of limitations defense raised by defendants in Rein I.