Case law

Frakes v. Peoria School District No. 150

2014 IL App (3d) 130306 · Appellate Court of Illinois · Jul 29, 2014

Section 24-12(b) clearly provides that if a school board has vacancies for the next school term, only teachers in Groups 3 and 4 have recall rights. 105 ILCS 5/24-12(b) (West 2012). … to the inception of the 2012-13 school year and after funding became certain based on final enrollment information received before the 2012-13 school year began. ¶ 29 In my view, the pleadings did not establish

In RE ESTATE OF ROY v. Roy

202 Ill. Dec. 492 · Appellate Court of Illinois · Jul 19, 1994

The first and third factors enunciated in Nixon are clearly not applicable here. However, the second factor set forth in Nixon is crucial to our analysis. … It clearly provides that a disabled person is allowed to bring a petition naming a guardian (755 ILCS 5/lia — 3(a) (West 1992)) but that choice is subject to the statutory criteria for qualifying as a guardian listed in section

People v. Landgham

182 Ill. App. 3d 148 · Appellate Court of Illinois · Apr 11, 1989

As discussed previously, Illinois courts have rejected the argument that death-qualified juries are conviction prone. In addition, the supreme court has held that there is no need to “life-qualify” a jury. … The evidence will show you that clearly.”

In Re Estate of Zimmerman

63 Ill. App. 3d 560 · Appellate Court of Illinois · Aug 4, 1978

We can read the amendment no other way but as having expanded the breadth of eligibility of otherwise qualified acknowledged children to include those who were over the age of 15 at the time the parent-child relation began … Although the State characterizes the 1967 amendment as “slight,” we nonetheless find it sufficient to clearly evidence a significant departure in substance and legislative intent.

Alvarez v. Williams

2014 IL App (1st) 133443 · Appellate Court of Illinois · Jan 29, 2015

Clearly, as discussed above, the legislature intended to keep individuals convicted of infamous crimes from ever holding office in the first place. … There is clearly a rational basis for this disparity and defendant’s equal protection claim fails. ¶ 20 Defendant further fails to establish that his equal protection rights were violated by plaintiff’

Biogenetics, Ltd. v. Department of Public Health

91 Ill. App. 3d 615 · Appellate Court of Illinois · Dec 8, 1980

Biogenetics maintains that in order to establish that there was a substantial failure to comply, it is incumbent upon the Department to establish that the conduct of Biogenetics has resulted in injury to the public safety … The record clearly indicates that the procedures were performed under the direct supervision and observation of a licensed physician.

Bossman v. Village of Riverton

291 Ill. App. 3d 769 · Appellate Court of Illinois · Aug 29, 1997

It is because of this immunity from review that legislative bodies must confine themselves to the prescribing of general rules. … However, there clearly was no such plan and the actual zoning pattern in the area was uniformly residential.

People v. Donald

239 N.E.3d 634 · Appellate Court of Illinois · Aug 25, 2023

When a defendant fails to establish plain error, “the procedural default must be honored.” People v. Keene, 169 Ill. 2d 1, 17 (1995). … permit one conviction to both establish an element for UUWF and serve as a “[q]ualifying predicate offense” for extended sentencing.

Sidwell v. Sidwell

75 Ill. App. 2d 133 · Appellate Court of Illinois · Sep 26, 1966

Clearly, the evidence received, classified as newly discovered evidence, failed of qualification either as an admission or declarations against interest. … The record clearly establishes that the trial court considered this evidence in reaching his conclusions as to the final decree.

Matejczyk v. City of Chicago

397 Ill. App. 3d 1 · Appellate Court of Illinois · Dec 21, 2009

The City argued that it was immune from liability for the claims in both counts regarding its failure to warn or barricade the area pursuant to section 3-104 of the Local Governmental and Governmental Employees Tort Immunity … We read Rein and Hudson to establish that a dismissal on the merits by the circuit court of one or more counts in a complaint puts the plaintiff on notice that, should he elect to take a voluntary dismissal under section

People v. Schumann

120 Ill. App. 3d 518 · Appellate Court of Illinois · Dec 27, 1983

The evidence showed that Vicki Linjuco was clearly qualified to withdraw defendant’s blood. … The evidence establishes that the speed limit was 50 miles per hour, that Mrs.

Stinson v. Chicago Board of Election Commissioners

Appellate Court of Illinois · Feb 25, 2011

of over $6001 in unpaid traffic tickets and that, when petitioner filed his statement for candidacy under section 10- 5 of the Illinois Election Code (10 ILCS 5/10-5 (West 2008)), he was untruthful because he was not qualified … After examining the evidence, the hearing officer held that respondent proved by a preponderance of the evidence that petitioner currently owes the debt, while petitioner failed to establish that the debt was not his.

Alexander v. Industrial Comm'n

Appellate Court of Illinois · Jun 30, 2000

Based on the foregoing, the arbitrator, while finding that claimant "clearly cannot return to his prior occupation," concluded that claimant failed to meet his burden of establishing he fell into the "odd-lot" category. … Again, where competing inferences can be drawn, we defer to the Commission unless a contrary conclusion is clearly apparent. We cannot say so here.

Kidd & Co. v. North American Provision Co.

249 Ill. App. 28 · Appellate Court of Illinois · May 14, 1928

This is established by the testimony both on behalf of the plaintiff and the defendant. … Three witnesses for plaintiff qualified as experts in valuing mustard seed, having been dealers for from 5 to 13 years, respectively.

Williams v. Cook County Officers Electoral Board

2015 IL App (1st) 150568 · Appellate Court of Illinois · Jul 9, 2015

This court is entitled to clearly defined issues, cohesive legal arguments and citations to relevant authority. County Mutual Insurance Co. v. Styck’s Body Shop, Inc., 396 Ill. App. 3d 241, 254-55 (2009). … As we already established above, petitioner was ineligible to serve as a school board member at the time he filed his nomination papers and the Electoral Board properly removed his name from the ballot. ¶ 11

Bosco v. Janowitz

388 Ill. App. 3d 450 · Appellate Court of Illinois · Feb 10, 2009

Orbeta complied with the standard of care for a reasonably well-qualified gastroenterologist. Doctors Orbeta and Barrett presented testimony that Dr. … Orbeta did not breach the standard of care for a reasonably well-qualified gastroenterologist. Therefore, the plaintiff has not established the necessary threshold to warrant a judgment notwithstanding the verdict.

Brooke Inns, Inc. v. S & R HI-FI AND TV

249 Ill. App. 3d 1064 · Appellate Court of Illinois · Jun 21, 1993

Defendant claimed that the time and/or date the photographs were taken were never established. … Where a fire incident report clearly contains an opinion as to the cause of the fire, it is not admissible under the public records exception to the hearsay rule unless the author of the report is qualified as an expert.

Gunn v. Sobucki

352 Ill. App. 3d 785 · Appellate Court of Illinois · Oct 22, 2004

The appellate court concluded that the “decedent’s failure to give the Harans money does not qualify as an ‘event’ under the Act.” Smith, 273 Ill. App. 3d at 876 . … The event at issue in this case — the transfer of possession of the coin collection from Gunn to Robert — was already established and uncontested.

Feulner v. Gillam

211 Ill. App. 348 · Appellate Court of Illinois · May 15, 1918

But it will be clearly seen that where the debtor does have a good defense as against the beneficiary, a judgment in favor of the legal holder will afford him no protection. … That testimony was on the question as to whether another than the plaintiff was the beneficial owner, and was clearly hearsay as to the plaintiff.

Haag v. Board of Education of Streator Elementary School District 44

2017 IL App (3d) 150643 · Appellate Court of Illinois · Jul 28, 2017

Relevant case law clearly establishes a legislative intent under the Code to distinguish between certified teachers and ESPs and to provide greater protections from lay-offs or reduction of hours to teachers … Absent such express statutory authority, we are not convinced that the Board in the instant matter is precluded from recalling the plaintiffs to any category of positions for which they are qualified, without