Case law

Oakridge Development Company v. The Property Tax Appeal Board

Appellate Court of Illinois · Nov 15, 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 v. Gray

47 Ill. App. 3d 1026 · Appellate Court of Illinois · Apr 14, 1977

Defendant maintains that at most the evidence established that he was present at the scene of an attempted burglary, and then fled, conduct which does not establish his accountability for the crime. … When a witness has been impeached by proof that he has made a prior inconsistent statement, he may bring out all of that prior statement to qualify or explain the inconsistency. (People v.

In re Application of the County Collector

343 Ill. App. 3d 363 · Appellate Court of Illinois · Oct 2, 2003

If a petitioner can meet this basic qualification, he or she can qualify for indemnity in either of two ways. … Clearly, petitioners in this case did not set forth the necessary allegations to establish eligibility for relief under the equitable entitlement provisions; they pleaded neither that they lived in the property nor that it

Hoopingarner v. Stenzel

Appellate Court of Illinois · Apr 15, 2002

Section 2--9 of the Act clearly establishes that an agent will only be liable if the agent acts in bad faith. Therefore, there must be some showing that the agent acted in bad faith. … We agree with the trial court that Hoopingarner failed to present evidence to establish bad faith by Stenzel as required by section 2--9.

Pang v. Farmers Insurance Group

2014 IL App (1st) 123204 · Appellate Court of Illinois · Jun 23, 2014

Hoskins’ affidavit supported the motion seeking to establish that the reconstructed policy was an accurate copy of the policy issued to the Chans. … The policy clearly defines “insured” as (1) the named insureds, (2) the named insureds’ relatives by blood, marriage or adoption, or (3) any person under the age of 21 in the care of the named insureds.

People v. Vinson

184 Ill. App. 3d 33 · Appellate Court of Illinois · Jun 8, 1989

This holding is clearly against the manifest weight of the evidence in light of our holding in People v. Bates (1987), 165 Ill. App. 3d 80 , 518 N.E.2d 628 . … Contrary to the trial court’s holding, the State has no obligation to establish a foundation for the admission of test results at a statutory summary suspension hearing unless the motorist first establishes a prima facie

People v. Ruback

988 N.E.2d 745 · Appellate Court of Illinois · Apr 22, 2013

Amanda clearly had a motive to lie when she spoke with police. The beginning of the interview therefore does not qualify as an admissible prior consistent statement. … Those statements would have established the context of the statements the State wanted the jury to hear and would have qualified those statements in the context of Amanda’s overall credibility.

Illinois Joint Stock Land Bank v. Leas

273 Ill. App. 34 · Appellate Court of Illinois · Oct 13, 1933

On October 1, 1932, the court entered an order appointing a receiver, who subsequently filed his bond and qualified. … It was not necessary to show the insolvency of the mortgagors because the mortgage clearly pledged the rents, issues and profits. Rohrer v. Deatherage, 336 Ill. 450 .

Midwest REM Enterprises, Inc v. Noonan

2015 IL App (1st) 132488 · Appellate Court of Illinois · Dec 18, 2015

Handley the court clearly had discretion to deny the plaintiffs’ motion for a voluntary dismissal.” … The Restatement (Second) further explains that there are three general categories of relationships that may establish privity.

People v. Dell

77 Ill. App. 2d 318 · Appellate Court of Illinois · Dec 20, 1966

We, therefore, feel that the ownership of the trousers was adequately established at the trial as alleged in the indictment. … The question and answer were clearly improper. However, the trial court effectively cured the error by its prompt admonition to the jury to disregard the exchange.

Wesclin Education Ass'n v. Board of Education of Wesclin Community Unit School District

30 Ill. App. 3d 67 · Appellate Court of Illinois · Jul 1, 1975

The purported agreement is clearly material since it goes to a substantial matter in dispute, i.e., the existence of a valid subsisting agreement, and since it has a legitimate and an effective influence or bearing on the … A school board is obligated to hire only properly trained, evaluated and qualified teachers.

Player v. Village of Bensenville

309 Ill. App. 3d 532 · Appellate Court of Illinois · Dec 30, 1999

Plaintiff further alleged that he was a “qualified veteran and qualified teacher.” Plaintiff claimed that he was entitled to an absolute hiring preference for the position by virtue of his veteran status. … those who are qualified (20 ILCS 415/8b.l (West 1992)); and to establish lists of names of candidates in order of their relative excellence in respective examinations (20 ILCS 415/8b.3 (West 1992)).

People v. Calkins

96 Ill. App. 3d 74 · Appellate Court of Illinois · May 5, 1981

The proof clearly established that the respondent mother had a 14-year history of emotional problems. It is undisputed that she interfered with the minor’s medical treatment after the child’s third operation. … This rule, however, is tempered and qualified by the law as related in the case of In re Brooks (1978), 63 Ill. App. 3d 328 , 379 N.E.2d 872 .

Bingham v. Ditzler

320 Ill. App. 88 · Appellate Court of Illinois · Jun 30, 1943

stockholders ’ cases like the one at bar from bond issue reorganization cases and those of that character is found in the fact that in the board of directors, of the company there already exists an administrative agency legally qualified … App. 236 , establishes the right of the plaintiff to recover attorney’s fees. Certiorari was denied in that case by the Supreme Court.

People v. Miller

2014 IL App (2d) 120873 · Appellate Court of Illinois · Jun 17, 2014

The court went on to note that defendant would not qualify for first-offender probation because the court “did not think that it would be a proper case for that.” ¶ 11 Defendant moved the court to reconsider … Such facts clearly showed that, unlike the informant in Sparks, Jordan had witnessed defendant engaging in criminal activity.

Friedman v. Park District of Highland Park

151 Ill. App. 3d 374 · Appellate Court of Illinois · Dec 31, 1986

She stated that she knew steel posts were used to secure the snow fences but that the fence was clearly visible to all those who used the hill for sledding and that a sign was posted clearly indicating that sledding on that … Where defendant here established that plaintiff and users of the hill in general could clearly see and were aware of the fence and the absence of hay bales, no duty to warn of a danger not known (see, e.g., Geraghty v.

Harroun v. Addison Police Pension Board

372 Ill. App. 3d 260 · Appellate Court of Illinois · Mar 21, 2007

In attempting to subdue a suspected criminal, plaintiff was clearly engaged in an act inherently involving special risk not encountered by ordinary citizens. … Plaintiff alternatively argued that the apprehension of Hanses qualified as an act of duty within the meaning of section 5—113 of the Code because it was an act of heroism.

Glidden v. FARMERS AUTOMOBILE INS. ASSN.

11 Ill. App. 3d 81 · Appellate Court of Illinois · Apr 17, 1973

The policies were in force and, under their provisions, plaintiff’s wife qualified as an insured. … Plaintiff attempts to distinguish Remsen because, in that case, the insurance company had already made payment to the insured, while here the defendant seeks to have plaintiff”s interest in a dram shop action assigned before establishment

Coleman v. Hermann

116 Ill. App. 3d 448 · Appellate Court of Illinois · Jul 21, 1983

If they affirmatively show the existence of every fact necessary to entitle plaintiff to recovery and the nonexistence of every defense or if they show as a matter of law that a valid defense has been established by the evidence … The jury’s fact determination will be reversed only if against the manifest weight of the evidence, that is, only if an opposite conclusion is clearly evident. (Gettemy v. Grgula (1975), 25 Ill. App. 3d 625, 628 .)

Teresi v. Department of Employment Security

2022 IL App (3d) 190560 · Appellate Court of Illinois · Jan 19, 2022

Mixed questions of fact and law— those where the historical facts are admitted or established and the sole question involves whether the facts satisfy the statutory standard—may be reversed only when clearly … A clearly erroneous decision leaves the reviewing court “with the definite and firm conviction that a mistake has been committed.”