Case law

Village of Oak Park v. Village of Oak Park Firefighters Pension Board

362 Ill. App. 3d 357 · Appellate Court of Illinois · Nov 7, 2005

His hearing loss condition is permanent and he would therefore not be expected to qualify to wear a respirator and perform firefighting duties in the future.” … However, neither dissenter discussed whether Weidler was, in any event, disabled and would therefore qualify for a nonduty disability pension.

People v. Phelps

329 Ill. App. 3d 1 · Appellate Court of Illinois · Mar 29, 2002

The prosecution argued that the court’s interpretation of section 5—8—4 “leads to an absurd result because only those Class X or Class 1 felonies in which severe bodily injury is an inherent factor will qualify as triggering … But the legislature establishes standards applicable to all punishments and not merely for individual sentences.

Faith Builders Church, Inc. v. Department of Revenue

378 Ill. App. 3d 1037 · Appellate Court of Illinois · Feb 7, 2008

The Department could also reasonably find that the child-care center and preschool were not exempt as “schools” because neither of them offered an established, commonly accepted program of academic instruction. … It is beyond dispute that, under the case law, religious instruction qualifies as a religious purpose. Evangelical Teacher Training Ass’n, 118 Ill.

Kellerman v. MCI Telecommunications Corp.

134 Ill. App. 3d 71 · Appellate Court of Illinois · Jun 3, 1985

Case law has clearly established that a denial of a motion to stay is appealable as of right under Supreme Court Rule 307(a)(1). (Metropolitan Sanitary District v. United States Steel Corp. (1975), 30 Ill. … Since the trial court clearly had jurisdiction to hear these cases, an alternative ground for reversal must be found if the trial court’s ruling on the motion to stay is to be overturned.

Orsolini v. Zoning Board of Appeals

58 Ill. App. 3d 435 · Appellate Court of Illinois · Mar 8, 1978

same district as the non-conforming use, which presentiy, occupies the building or structure or to a use permitted in a more restrictive district * # Plaintiff’s building, a factory building in an area zoned residential, qualifies … In contrast, section 7.4—7 of the present ordinance clearly permits the substitution of a similar, though not identical, use as long as it falls within the same or a less intensive zoning classification.

People v. Wheeler

334 Ill. App. 3d 273 · Appellate Court of Illinois · Sep 27, 2002

The State also granted him immunity from any murder charges stemming from Love’s death. The parties stipulated that Karen Washington would offer the following testimony if called as a witness. … Smith’s testimony made that fact more probable and thus qualifies as relevant. For these reasons, we cannot conclude that the judge abused his discretion in admitting Smith’s testimony as relevant.

People v. Botruff

331 Ill. App. 3d 486 · Appellate Court of Illinois · Jun 6, 2002

Such hearings clearly qualify as “any hearing conduced under [the] Act” and thus invoke rights contained in section 25. We also note that subsection 25(e) itself contravenes the State’s asserted limitation. … In Mathews, the United States Supreme Court established three factors to consider when identifying the dictates of due process in a given case.

Village of McCook v. Illinois Bell Telephone Co.

335 Ill. App. 3d 32 · Appellate Court of Illinois · Nov 7, 2002

Sections 12 and 15.1 of the Act (50 ILCS 750/12, 15.1 (West 2000)) clearly demonstrate the legislature’s intent that only the Attorney General would enforce compliance with the Act. … Section 15.1, the governmental immunity provision, expressly states that “[t]his Section may not be offered as a defense in any judicial proceeding brought by the Attorney General under Section 12 to compel compliance with

Maas v. Cohen Associates, Inc.

112 Ill. App. 3d 191 · Appellate Court of Illinois · Feb 3, 1983

The parties clearly are not at issue at this point.” The trial judge thereupon granted Cohen’s motion to strike and denied Maas’ motion for an injunction. … Injunctive relief is such an extraordinary remedy that plaintiff must plead facts which clearly establish that the remedy is necessary. [Citation.]

People v. Butorac

2013 IL App (2d) 110953 · Appellate Court of Illinois · Feb 19, 2014

procedure, and the roadblock was “clearly a systematic operation.” … If checkpoints were established only at public docks, lakeside residents would be forever immune from compliance with boating regulations.

Estate of Jezewski v. Jaworski

2019 IL App (1st) 170100 · Appellate Court of Illinois · Jun 2, 2020

A lack of standing qualifies as an “affirmative matter” under section 2-619(a)(9). Id. … It is well established that in construing a deed the overriding concern is to ascertain and give effect to the intention of the parties. Urbaitis v. Commonwealth Edison, 143 Ill. 2d 458, 467 (1991).

People v. Sheehan

261 Ill. App. 3d 325 · Appellate Court of Illinois · Apr 26, 1994

The State is clearly correct in noting that by using the word "committed” rather than "convicted” in section 11—501, the legislature evinced a desire to broaden the class of acts which qualify for enhancement. … However, the plea establishes only a prima facie case that the underlying acts took place; it does not establish a conclusive presumption. (Boruschewitz v. Kirts (1990), 197 Ill.

Methodist Medical Center v. Ingram

78 Ill. App. 3d 944 · Appellate Court of Illinois · Dec 7, 1979

Defendant Ingram determined that Hunt was medically indigent and thus qualified for financial assistance under the act, but payment offered to the plaintiff was in the amount of *591, not the applied-for amount of *3,545.80 … Such limited liability for the townships and their taxpayers is clearly the object of the rules and regulations of the Department of Public Aid.

Trustees of Schools v. Arnold

58 Ill. App. 103 · Appellate Court of Illinois · Mar 23, 1895

This doctrine, as we understand, rests upon the principle that has long been established, that “ where the liability of the defendant is created, not merely by the act of the par» ties, but by the positive requirements of … The liability of the defendant is clearly created by statute with reference to a specific fund, which is no broader than the liability of the bond within the time of its official life. Glover v. Wilson, 6 Penn. St. 290.

People v. Newman

Appellate Court of Illinois · May 9, 2006

Moreover, Whitfield does not stand for the proposition that allegations of improper MSR admonishments are immune from forfeiture in postconviction proceedings. … OSAD was clearly ineffective in moving to withdraw, either in failing to confer with defendant regarding his allegations, or in failing to raise those allegations in the appeal.

Goetz v. Wenzel

177 Ill. App. 484 · Appellate Court of Illinois · Feb 19, 1913

the said lot for the term of her natural life with remainder in fee after her death to Ida Louise Wenzel, his daughter by a former wife; that the said daughter was named in said will as executrix and was afterwards duly qualified … It is now here insisted that the weight of the evidence in this record clearly establishes her claim and that the purpose of said attorney and Mrs. Wenzel was, by means of said false promises, to induce Mrs.

People v. Illinois Commerce Commission

2011 IL App (1st) 100654 · Appellate Court of Illinois · Sep 30, 2011

Although the Commission accepted Hoover’s testimony that the plans were designed to attract and retain highly qualified and motivated employees, the Commission determined such reasoning did not demonstrate a … The court held such action clearly conflicted with fundamental principals of ratemaking in Illinois. Id. at 207.

Cunningham v. Retirement Board of the Firemen's Annuity & Benefit Fund

389 Ill. App. 3d 1065 · Appellate Court of Illinois · Apr 23, 2009

a new principle of law either (a) by overruling past precedent or (b) by deciding an issue of first impression the resolution of which was not clearly foreshadowed. … deciding an issue of first impression whose resolution was not clearly foreshadowed.

Chicago Recycling Coalition v. City of Chicago Department of Streets & Sanitation

2023 IL App (1st) 220154 · Appellate Court of Illinois · Aug 11, 2023

The affidavit clearly establishes a systematic method of organizing and storing the third-party private hauler reports that the Department receives and that a search of the specific folder is reasonably likely to contain … Assuming that the data qualifies as a public record, the Department contends that Sauve’s affidavits establish that it does not keep this type of data for the recycling zones it services and that CRC has not presented any

Johnson v. Bishof

2015 IL App (1st) 131122 · Appellate Court of Illinois · Jun 26, 2015

did not take this patient seriously, and I believe that they also clearly violated patient safety … Wang stated he would expect a reasonably qualified physician under those circumstances to have the patient walk.