Case law

Oakridge Development Co. v. Property Tax Appeal Board

405 Ill. App. 3d 1011 · Appellate Court of Illinois · Sep 17, 2010

However, petitioners by their own admission do not qualify for special treatment under section 10 — 30. … Second, although the legislature removed the recapture provision, it included language that quite clearly indicates an intent that present use and two years’ prior use as a farm were both required to qualify property for

People Ex Rel. Thomas v. Board of Education

40 Ill. App. 2d 308 · Appellate Court of Illinois · Jan 29, 1963

The record clearly shows that all the provisions of the School Code with respect to dismissal of probationary teachers were observed. … Under the circumstances, the court concluded that she was professionally qualified to receive the benefits of the Tenure Act, and that the receipt of the final letter referred to established that she had a tenure status.

Holten v. Syncreon North America, Inc.

432 Ill. Dec. 510 · Appellate Court of Illinois · May 31, 2019

Moreover, plaintiff contends, Android failed to establish the existence of a borrowed-employee relationship and thus was not entitled to immunity under the Act. ¶ 31 A. … ¶ 45 In reversing, we rejected Exelon’s argument that it was entitled to immunity as the agent of ENS, because Exelon failed to establish that ENS had any right to control Exelon. Id. ¶ 9.

Dayan v. McDonald's Corp.

125 Ill. App. 3d 972 · Appellate Court of Illinois · Apr 16, 1984

Clearly, Maycock satisfied Dayan’s request for a French-speaking operations man to run his training program. … To suggest, as plaintiff does, that an opposite conclusion is clearly evident is totally without merit.

Legal Process Service, Inc. v. Ward

165 Ill. App. 3d 83 · Appellate Court of Illinois · Jan 14, 1988

To qualify as a process server, an individual must be of legal age and not a party to the suit for which he is serving process. In addition, a process server must be court-appointed. … Similarly, in the present case we need not discuss the first requirement of the Act, namely, the issue of LPS’s control over the individual process servers, as it is our opinion that the evidence clearly demonstrates that

Cesarini v. Board of Trustees of the Illinois Municipal Retirement Fund

141 Ill. App. 3d 848 · Appellate Court of Illinois · Feb 14, 1986

App. 2d 253 , 207 N.E.2d 172 , a case cited by defendant in support of its aforementioned theory, the court clearly outlined what its duty should be with regards to construing statutes: “The only legitimate function of the … It has been long established that the doctrine of contemporaneous construction is not applicable where there is no need of interpretation.

Bart v. Department of Law Enforcement

52 Ill. App. 3d 487 · Appellate Court of Illinois · Sep 19, 1977

Bart struck Kresse and told him he would have the bar closed in 15 minutes and that the establishment would be harassed every night and then left. … The content of Bart’s argument clearly shows that he is challenging the standards as overboard rather than vague.

People v. Holveck

171 Ill. App. 3d 38 · Appellate Court of Illinois · May 20, 1988

The record thus fails to establish that the trial court engaged in the careful balancing of interests and the individualized evaluation of factors required to override the defendant’s qualified sixth amendment right to a … Clearly the court erred in permitting such testimony.

Martino v. Family Service Agency

112 Ill. App. 3d 593 · Appellate Court of Illinois · Dec 9, 1982

“Psychiatrists, psychologists, and other mental health professions are required to exercise due skill and care in conformity with that ordinarily exercised by qualified professionals in their respective fields.” 20 Proof … Leir and those other cases were decided on the issue of whether social workers employed by governmental units had sovereign immunity.

Church of Peace v. City of Rock Island

Appellate Court of Illinois · May 12, 2005

owned or operated by the City. * * * The City hereby establishes a Storm Water Fund. … Under this analysis, the storm water service charge is clearly a fee.

Shah v. Human Rights Commission

192 Ill. App. 3d 263 · Appellate Court of Illinois · Dec 15, 1989

His complaint alleges facts which, if true, establish a basis for a discrimination charge. … We also agree that the prerequisites for establishing a prima facie case of handicap discrimination are nonexistent in this case, since Shah’s alleged handicap is clearly related to the adequate performance of his job as

Moren v. Samuel M. Langston Co.

96 Ill. App. 2d 133 · Appellate Court of Illinois · May 27, 1968

At the close of the offer of proof, defense counsel objected as follows: “First, I object because the man was not qualified as an expert in his field and that particular expert field as established by his own admission, he … From our review of the testimony and the offer of proof, we find that the witness clearly possessed knowledge and experience sufficient to qualify him as an expert.

In re M.T.

2025 IL App (1st) 232134 · Appellate Court of Illinois · Feb 21, 2025

ANALYSIS ¶ 27 The Act establishes a two-step process for determining whether a minor should be made a ward of the court: (1) the adjudicatory hearing, where the trial court must decide “ ‘whether the minor is abused, … “A finding is against the manifest weight of the evidence only if the opposite conclusion is clearly evident.” Z.L., 2021 IL 126931, ¶ 61.

Prowell v. Twin Mills Lumber Corp.

79 Ill. App. 2d 401 · Appellate Court of Illinois · Feb 14, 1967

Gordon’s Transport is so clearly distinguishable on the facts as to require no further comment. “. . . reasonable inferences may be drawn by a jury from established facts, and a verdict may not be set aside merely because … Nor does the fact that plaintiff qualified his testimony as to the identity of the vehicle in the manner above set out preclude the jury’s finding that this was, in fact, the truck involved in the occurrence.

Peraica v. Riverside-Brookside High School District No. 208

999 N.E.2d 399 · Appellate Court of Illinois · Oct 31, 2013

or immunities secured by the Constitution and laws’ by any person acting ‘under color of any statute, ordinance, regulation, custom, or usage, of any State or Territory.’ ” Fellhauer v. … “An attorneys’ fees award pursuant to § 1988 rests within the sound discretion of the district court because that court is particularly well-qualified to make the partially subjective findings necessary for

People v. Lechner

35 Ill. App. 3d 1033 · Appellate Court of Illinois · Feb 3, 1976

Defendant argues that the testimony of this witness culminating in the question to which objection was made clearly demonstrates that this witness, as a nonexpert, was qualified to express his opinion regarding defendant’ … The factual situation in Pruszewski which prompted a reversal and remandment is clearly distinguishable from that presented in the instant case.

Personal Finance Co. v. Meredith

39 Ill. App. 3d 695 · Appellate Court of Illinois · Jun 23, 1976

Defendants also argue that the fact that Personal Finance regularly purchased “qualified” retail installment contracts from the seller, Tri-State Foods, negates the good faith requirement necessary for Personal Finance to … Clearly, waiver of defense clauses are not unconscionable per se, being permitted by the Uniform Commercial Code, the Retail Installment Sales Act and Illinois case law. (Ill. Rev.

Konstant Products, Inc. v. Liberty Mutual Fire Insurance

401 Ill. App. 3d 83 · Appellate Court of Illinois · May 4, 2010

Illinois law is well established that when a pleading is verified it remains part of the record even upon the filing of an amended pleading. Robins v. Lasky, 123 Ill. App. 3d 194, 198 (1984). … Thus, the nonpermission allegation in the original complaint, which remained binding throughout the litigation, clearly would disqualify Meyers as a permissive driver and exclude coverage under the policy.

People v. Jacobs

405 Ill. App. 3d 210 · Appellate Court of Illinois · Nov 1, 2010

not for the purpose of establishing or proving some fact at trial — they are not testimonial.” … Instead, the certification does nothing more than establish the machine had been tested and was working properly.

People v. Blanks

361 Ill. App. 3d 400 · Appellate Court of Illinois · Sep 30, 2005

“A lesser-included offense” is defined as an offense that “ ‘[i]s established by proof of the same or less than all of the facts or a less culpable mental state (or both), than that which is required to establish the commission … Defendant next asserts that the burglary indictment gave him no notice that he qualified for sentencing as a Class X offender or qualified for an extended term.