Case law

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.

T.S. v. Joliet Public Schools District 86

2021 IL App (3d) 190076-U · Appellate Court of Illinois · Nov 2, 2021

Generally, unless it is established that a public entity received either actual or constructive notice pursuant to section 3-102(a) of the Tort Immunity Act (745 ILCS 10/3-102(a) (West 2016)), a court need … ¶ 52 As to the issue of tort immunity, defendants were required to establish that the alleged condition and its character of not being reasonably safe would not have been discovered by a reasonably

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.

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

Franciscan Hospital v. Town of Canoe Creek

79 Ill. App. 3d 490 · Appellate Court of Illinois · Dec 19, 1979

The basic elements of eligibility for AMI are that the individual be a resident of the governmental unit, fail to qualify for other assistance and have nonexempt income and assets, over a three-month period, which are above … The harm to be prevented is clearly set out in article I of the Code which indicates its concern with “the alleviation and prevention of poverty” and promoting “the health and welfare” of the people of Illinois. (Ill.

Khan v. Department of Healthcare & Family Services

2020 IL App (1st) 191212 · Appellate Court of Illinois · Nov 20, 2020

The court found that the evidence established that plaintiff qualified as a vendor, as he had a valid medical license and was by his own admission treating Medicaid patients during his suspension. … ¶ 78 Here, we conclude that the Director’s decision was not clearly erroneous.

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.

Burns v. Hines

298 Ill. App. 563 · Appellate Court of Illinois · Feb 14, 1939

Clearly the stock that was distributed was removed as an asset of the corporation. The Supreme Court held that the stock so distributed was income, but did not otherwise depart from the doctrine announced in DeKoven v. … invest money in any stock of corporations, unless the same shall be then established as an income producing stock.”

Howe v. Thomson

139 Ill. App. 3d 930 · Appellate Court of Illinois · Jan 2, 1986

In closing the estate proceedings, the trial court declined to construe the provisions of a testamentary trust established by the will. … The will seeks to exempt the testator’s wife from paying estate taxes to the extent her legacy qualifies for the “marital deduction,” presumably referring to the marital deduction under Federal estate tax law.

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.

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.

People Ex Rel. Kilquist v. Brown

203 Ill. App. 3d 957 · Appellate Court of Illinois · Sep 18, 1990

Section 7 duties of the merit commission are qualified by the phrase “pursuant to recognized merit principles of public employment.” … To encourage their application and retention, qualified personnel are assured of tenure in their positions. (Fahey, 21 Ill. App. 3d at 586 , 315 N.E.2d at 578 .)

In re N.W.

293 Ill. App. 3d 794 · Appellate Court of Illinois · Dec 12, 1997

Instead, respondent objected solely on the grounds that the State failed to establish an adequate foundation supporting the reliability of the records. … Smith to establish the necessary indication of trustworthiness and reliability necessary to satisfy the underlying purpose of the business records exception. Based upon People v.

Fender v. School District No. 25

37 Ill. App. 3d 736 · Appellate Court of Illinois · Apr 1, 1976

A school board also has the right to dismiss a teacher whenever, in its opinion, such teacher is not qualified to teach or whenever the interests of the school require it. … The Board counters that its findings as to cause and irremediality were clearly justified by the evidence and that the trial court incorrectly reversed its decision.

Torres v. City of Chicago

261 Ill. App. 3d 499 · Appellate Court of Illinois · Mar 16, 1994

The document established the terms of the contract which became effective when the City actually ordered services from Torres. … The court should grant summary judgment only if the pleadings and evidence raise no triable issue of material fact and the movant is clearly entitled to judgment. (Chicago Title & Trust Co. v.

Connecticut Mutual Life Insurance v. Young

77 Ill. App. 440 · Appellate Court of Illinois · Aug 31, 1898

In this case the application is clearly a part of the insurance contract; so clearly agreed and stated in the application, and so clearly recited in the first clause of the policy, and a copy of it embraced therein as part … There is no qualifying, limiting or superseding clause either in the application or in the policy, as was the case in Continental Life Ins. Co. v.

People v. V.T.

306 Ill. App. 3d 817 · Appellate Court of Illinois · Aug 3, 1999

Respondent argues that, even if the report qualifies as a business record and a proper foundation is established, it is nevertheless inadmissible because its purpose was improper. … Initially, a review of the record clearly indicates that the report was not prepared in anticipation of future discipline.

People v. Hernandez

Appellate Court of Illinois · May 25, 2000

Defendant claims that the CI's statement is clearly exculpatory evidence. In our minds, it is not. The CI explicitly states that defendant could have participated in the murders. … We find that defendant has failed to establish that he was prejudiced by the denial of his motion for a continuance.

Dean v. Smith

2017 IL App (1st) 170404 · Appellate Court of Illinois · Nov 9, 2017

He also sought to add a request to otherwise declare the April 4 election void and establish a special election. … An agency’s application of undisputed law to established facts presents a mixed question of fact and law that is reviewed under the “clearly erroneous” standard.

People ex rel. Fleming v. Geary

322 Ill. App. 338 · Appellate Court of Illinois · Mar 8, 1944

Under the civil service law and the rules of the commission no persons within the classified civil service other than hoisting engineers were qualified or eligible to operate air compressors. … We are impelled to hold that plaintiffs’ complaint established a clear legal right to the issuance of a writ of mandamus, that they were entitled to appointment from the reinstatement list in the order of their seniority