Case law

Dundee Township v. Department of Revenue

Appellate Court of Illinois · Oct 15, 2001

Under the Township Code, a township may acquire qualifying tracts of land for open space purposes. 60 ILCS 1/115--5 et seq. (West 1998). … The Township is seeking the benefits of the tax-exempt status of the fee and objecting to the tax burden clearly imposed on non-tax-exempt leaseholds. We are not persuaded by the Township's arguments.

Wuerttemberger v. Continental Casualty Co.

32 Ill. App. 2d 430 · Appellate Court of Illinois · Oct 24, 1961

BURKE, J., dissenting: The rule is well established that where provisions of an insurance policy are inconsistent or ambiguous, they are to be construed liberally in favor of the insured. … The language in the policy clearly informs the insured of the benefits he can expect and defines the risk undertaken by the insurer.

T. E. Hill Co. v. Contractors Supply & Equipment Co.

156 Ill. App. 270 · Appellate Court of Illinois · Jun 3, 1910

This clearly does not mean by any court, but by the bankruptcy court. In other words, the' new right is not to sue for damages, but to have damages allowed in the bankruptcy proceedings by the bankruptcy court. … R. 73, at page 76: “Upon the filing of the petition for an adjudication of bankruptcy against the corporation and service of process, jurisdiction over parties and subject-matter was established (Denver First National Bank

Ruiz v. The City of Chicago

Appellate Court of Illinois · Jun 29, 2006

Ligouri was qualified as an American Heart Association pediatric advanced life support provider. … However, as discussed below, we do not find this to be the case and review the trial court=s decision to exclude Ligouri under an abuse of discretion standard as clearly outlined in Gill and Sullivan.

In Re Estate of Snodgrass

336 Ill. App. 3d 619 · Appellate Court of Illinois · Feb 7, 2003

If the legislature intended the statute to mean what respondent argues it means, the legislature could have easily said so by inserting a single but highly significant qualifying word: “paternal.” … On its face, section 2 — 4(d)(1) does not “clearly require” us to hold that petitioners have no right of heirship from decedent.

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

391 Ill. App. 3d 129 · 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. … an issue of first impression whose resolution was not clearly foreshadowed.

Chicago Teachers Union v. Illinois Educational Labor Relations Bd.

Appellate Court of Illinois · Nov 7, 2003

The school board's argument that the IELRB was “wrong on the facts” ignores that the underlying premise of the “clearly erroneous” test is that there exists, to some degree, a “given set of facts” that are established or … Nonetheless, a review of the transcript of proceedings before the arbitrator clearly establishes that, during those proceedings , when the Union's attorney recognized the list was missing a page, the attorney properly withdrew

Heiden v. DNA Diagnostics Center

Appellate Court of Illinois · Nov 9, 2009

of a cause of action also must qualify as a postjudgment motion. … Moreover, the"reconsideration" sought was not clearly identical to the "clarification" sought. Rather, the "reconsideration" and "clarification" were pleaded alternatively in the prayer for relief.

People v. Lavinder

102 Ill. App. 3d 662 · Appellate Court of Illinois · Dec 17, 1981

In the quest for an impartial and qualified jury, Negro and white, Protestant and Catholic, are alike subject to being challenged without cause. … It said its holding did not mean that members of that group were immune from peremptory challenges.

Beaman v. Freesmeyer

2019 IL App (4th) 160527 · Appellate Court of Illinois · Dec 17, 2019

Id. ¶ 51 The claims against Souk and Reynard were dismissed based on absolute immunity or qualified immunity. Id. at 506. … The court also found “the defendants are entitled to qualified immunity for their failure to turn over the Murray polygraph report to the prosecution and Beaman’s defense counsel.” Id. at 510.

Thompson v. Gordon

Appellate Court of Illinois · Apr 8, 2005

However, we note that West was a criminal case brought by the State, and as such, liberty interests of the defendant were clearly at stake. … App. 3d at 188 ) the State should have engaged the services of an independent and unbiased Illinois fire investigator, perhaps even licensed, rather than a fire investigator who was so clearly intertwined in conflicts of

Meyerson v. Carter

22 Ill. App. 3d 73 · Appellate Court of Illinois · Aug 13, 1974

This principle is clearly set out in Mayhew v. … Nor does tire fact that a statute has been construed and applied during a long period of time necessarily make it valid and immune from attack.” (360 Ill. at 139.) See also Berk v.

People v. Oliver

306 Ill. App. 3d 59 · Appellate Court of Illinois · Jun 22, 1999

V The defendant also argues that the trial court erred in qualifying Dr. … He has reported results in over 1,000 cases and has been qualified as an expert in over 200 trials or hearings.

Ferentchak v. Village of Frankfort

121 Ill. App. 3d 599 · Appellate Court of Illinois · Jan 26, 1984

The fact that the municipality was insured, thereby waiving defenses granted it by the Local Governmental and Governmental Employees Tort Immunity Act (Ill. Rev. … However, we need not determine the extent of liability or whether the voluntary nature of the work had any effect upon liability, for the evidence clearly establishes that the work had no effect upon the problem.

In Re Estate of Ketter

63 Ill. App. 3d 796 · Appellate Court of Illinois · Sep 8, 1978

The proponent may also introduce any other evidence competent to establish a will. … The record clearly shows that ample cross-examination was allowed.

Forest Preserve District of Du\Page County v. Department of Revenue

266 Ill. App. 3d 264 · Appellate Court of Illinois · Sep 15, 1994

It is well established that statutes granting tax exemptions on property must be strictly construed in favor of taxation (Christian Action Ministry v. … Department of Local Governmental Affairs (1978), 74 Ill. 2d 51, 62 ) and the party claiming an exemption has the burden to prove clearly and conclusively that it is entitled to exemption (Telco Leasing, Inc. v.

Everett v. City of Belleville

2024 IL App (5th) 231069-U · Appellate Court of Illinois · May 15, 2024

To establish a violation, a plaintiff must show that “he is a qualified individual with a disability, that he was denied the benefits of the services, programs, or activities of a public entity or otherwise subjected to … His vague reference to a mental illness does not establish that he had a qualifying disability. Nor does he allege that he specifically requested an accommodation.

Monsanto Co. v. Pollution Control Board

39 Ill. App. 3d 333 · Appellate Court of Illinois · Jun 3, 1976

This interpretation is clearly unwarranted. … Petitioner therefore bears a heavy burden to establish his right to a variance.

Village of Oak Park v. Illinois State Labor Relations Board

168 Ill. App. 3d 7 · Appellate Court of Illinois · Mar 8, 1988

Association members were clearly identified as a bargaining unit. … We cannot say here that the Board’s decision was against the manifest weight of the evidence or that an opposite conclusion is clearly evident.

Yarborough v. City of Springfield

2023 IL App (4th) 220025-U · Appellate Court of Illinois · Feb 22, 2023

The question here is whether the evidence in this case establishes the City is entitled to immunity under the Act. ¶ 56 A. … Willful and Wanton Conduct ¶ 57 The City first argues the evidence in this case clearly establishes neither it nor its employees engaged in willful and wanton conduct.