Case law

Mount Calvary Baptist Church, Inc. v. Zehnder

302 Ill. App. 3d 661 · Appellate Court of Illinois · Dec 31, 1998

The ALJ reasoned that “although applicant clearly intended to use the church for religious purposes, such intent, standing alone, does not establish that the church was in fact in exempt use under current Illinois law.” … Nevertheless, in order to qualify for exemption, a property must in fact be used for a religious purpose, however that purpose is defined. Skil Corp. v.

People v. Clifton Supplemental Opinion on Rehearing

Appellate Court of Illinois · Apr 24, 2001

Detective Richardson clearly qualifies as an expert. He testified at trial that he had been a Chicago police officer for 27 years and a gang specialist for 18. … Accordingly, consistent with established precedent, we believe that Richardson's evidence qualified as expert testimony.

People v. Woods

237 N.E.3d 1110 · Appellate Court of Illinois · Mar 26, 2024

¶ 11 David and Funches testified before the grand jury in exchange for immunity. … As a reviewing court, we are entitled to have the issues and argument clearly defined, and it is not our obligation to act as an advocate for defendant. People v.

Smith v. Marvin

Appellate Court of Illinois · Dec 4, 2007

The law does not say how a reasonably well-qualified general surgeon would act under these circumstances. … It clearly and accurately instructs the jury to determine the standard of care based on expert testimony. This is a correct statement of the law. See Pantaleo v.

People v. Alvidrez

2014 IL App (1st) 121740 · Appellate Court of Illinois · Dec 12, 2014

Thus, he was in no way qualified to render the opinion that defense counsel never asked him for in open court, despite the fact that it may have been in his written report. When the court qualified Dr. … The subject matter here was couched in biomechanical terms that he was clearly not qualified to render and would not have assisted the jury in understanding the evidence or made the question of defendant’s guilt

People v. Shannon

2024 IL App (1st) 230042 · Appellate Court of Illinois · Nov 8, 2024

Instead, Gray’s “stipulation established the facts that the defendant had been convicted of two prior felonies and that those felonies were qualifying felonies ***.” (Emphasis in original.) Id. … The party challenging the validity of a statute “has the burden of clearly establishing a constitutional violation.” People v. Jones, 223 Ill. 2d 569, 596 (2006).

National Boulevard Bank v. Corydon Travel Bureau, Inc.

95 Ill. App. 2d 281 · Appellate Court of Illinois · Apr 15, 1968

Becker is clearly distinguishable from the instant case. As already pointed out, the allegations by defendant Levinson do not directly contradict the terms of the guaranty executed here. … If the condition is extraneous to the unambiguous language of the contract, it may qualify as a condition precedent.” (P 312.)

First United Methodist Church v. Dept of Revenue

2026 IL App (4th) 241539 · Appellate Court of Illinois · Jun 29, 2026

15-65 (establishing the charitable exemption). 35 ILCS 200/15-40, 15-65 (West 2020) … Its structure is clearly more like that of a charitable institution and not a private business. ¶ 75 ii.

People v. Ellis

39 Ill. App. 3d 373 · Appellate Court of Illinois · Jun 10, 1976

‘[B]ased both on precedent and reason, we believe that in order to sustain his position here the defendant must clearly establish: (1) actual incompetence of counsel, as reflected by the manner of carrying out his duties … It is clear that any opinion the State’s Attorney expressed was clearly based on the evidence adduced at the trial.

Lappin v. Costello

232 Ill. App. 3d 1033 · Appellate Court of Illinois · Aug 6, 1992

The quantum of evidence necessary to establish probable cause for an arrest, and thus defeat a section 1983 unlawful arrest claim, is a function of information and exigency. … Clearly, the officers properly shut down the business. Plaintiffs’ argument that none of the vendors at the show were arrested is also unpersuasive. Lappin was running the show.

Midland Credit Adjustment Co. v. Donnelley

219 Ill. App. 271 · Appellate Court of Illinois · Oct 11, 1920

Their liabilities and obligations under the contract were clearly joint and as to them an entirety. In Morris v. … Such an innovation with the evil results that might follow would require the use of specific language clearly indicating the intention.

In re Marriage of Jones

2024 IL App (2d) 240229-U · Appellate Court of Illinois · Oct 15, 2024

Thus, as Rule 909 explains clearly what it means by “recommendation,” we have no occasion to consult a dictionary. … 2022)(speaking to immunity of permissive reporter ).

Board of Education v. City of McHenry

71 Ill. App. 3d 904 · Appellate Court of Illinois · May 18, 1979

In fact, it is a well-established concept in Illinois that all property is subject to taxation unless specifically exempted. (See, e.g., Telco Leasing, Inc. v. … But it clearly appears that the license fee in question is not at all a regulatory measure; it was not enacted in the exercise of the City’s “police power.”

Migliore v. County of Winnebago

24 Ill. App. 3d 799 · Appellate Court of Illinois · Dec 27, 1974

MORAN delivered the opinion of the court: Plaintiff brought an action under the Local Governmental and Governmental Employees Tort Immunity Act (III. Rev. … The determination was necessary for two reasons: to establish that plaintiff had actual knowledge of the subpoena and to make possible a proper return as commanded by the court.

People v. Baptiste

37 Ill. App. 3d 808 · Appellate Court of Illinois · Apr 5, 1976

This ruling was erroneous and clearly prejudicial to the defendants. In Alford v. United States (1931), 282 U.S. 687 , 75 L. Ed. 624 , 51 S. … The court then pointed out that it was permissible for the defense to bring out that the witness was in jail to show “that his testimony was biased because given under promise or expectation of immunity ° ° ° .” 282 U.S.

Willaby v. Bendersky

383 Ill. App. 3d 853 · Appellate Court of Illinois · Jun 25, 2008

Nurse Culver defined the standard of care as “what a reasonably qualified registered nurse would do in the same or similar situation.” … Westlake does not argue Nurse Cloud was not qualified or competent to state her opinion.

Bd. of Trustees of Police Pension Fund of City of Urbana v. Ill. Human Rights Comm'n

141 Ill. App. 3d 447 · Appellate Court of Illinois · Mar 5, 1986

The complaint filed by Tharp with the Commission clearly sets forth such a claim. … The fund is established and maintained pursuant to section 3 — 101 of the Illinois Pension Code (Code) (Ill. Rev.

Gauthier v. Chicago Board of Education

2024 IL App (1st) 230442-U · Appellate Court of Illinois · Feb 20, 2024

I recognize that the in loco parentis immunity provided by the School Code immunized the Board from ordinary negligence. … ¶ 41 The Board argues that it is immune from liability for the sexual assault on MS, relying on the Tort Immunity Act.

The Carle Foundation v. Department of Revenue

227 N.E.3d 664 · Appellate Court of Illinois · Aug 4, 2023

Specifically, they assert that (1) the court erroneously held that an exemption in one year could be established based on an exemption in another year and (2) plaintiff failed to show that it engaged in sufficient qualifying … 41 - four parcels that lessened the financial burden of the government, including the following: it was a level 1 trauma center, a level 3 perinatal center, and a primary stroke center; it created a mobile clinic for immunization

La Salle National Bank v. Triumvera Homeowners Ass'n

109 Ill. App. 3d 654 · Appellate Court of Illinois · Sep 30, 1982

These factors must be established by a preponderance of the evidence. (Baal v. McDonald’s Corp. (1981), 97 Ill. App. 3d 495 , 422 N.E.2d 1166 .) … Section 2.07(b) is qualified by section 2.07(a) of the Building Declaration which speaks specifically of “sales offices.” An instrument must be read and considered as a whole. (Leavitt v. Kostel (1961), 32 Ill.