Case law

Biekert v. Maram

388 Ill. App. 3d 1114 · Appellate Court of Illinois · Mar 27, 2009

The plaintiff argued that he need not demonstrate the need for “active treatment” to qualify for services. … Specifically, the Illinois Administrative Code provides, “The need for ICF/MR services shall be established through a comprehensive assessment (see 89 Ill. Adm.

People v. Chattic

21 Ill. App. 3d 986 · Appellate Court of Illinois · Aug 21, 1974

Any such collateral notation could not have been qualified as part of the statement if offered by the prosecution. … Our principal reason, however, for affirming this cause, despite the ruling of the trial court referred to, is based on the record which clearly shows that evidence established the guilt of defendant, and the introduction

People v. Jacobazzi

Appellate Court of Illinois · Nov 17, 2009

We are not convinced that the qualifier stated in Wilson is a definitive part of the law-of-the-case doctrine. … The qualifier is not enforced to the letter even among the courts that subscribe to it.

Plymouth Place, Inc. v. Tully

54 Ill. App. 3d 657 · Appellate Court of Illinois · Nov 28, 1977

While noting the difficulty of defining a charitable institution, the court proceeded to establish guidelines for determining whether an institution qualifies for such status: “It has been stated that a charity is a gift … Furthermore, the fact that most applicants are required to pay a substantial Foundation fee (an average of *10,000 or more), clearly represents an “obstacle” to the receipt of benefits offered by Plymouth.

Friedman Electric Co. v. St. Clair County Housing Authority

23 Ill. App. 2d 16 · Appellate Court of Illinois · Oct 27, 1959

It was plaintiff’s burden to establish its compliance with the contract. … We have spent long hours studying the record here, and we cannot arrive at any other conclusion than that the plaintiff, on this whole record, clearly has not established by a preponderance of the evidence that the defendant

People v. Thorpe

52 Ill. App. 3d 576 · Appellate Court of Illinois · Sep 16, 1977

Kirts, qualified as a forensic psychiatrist, gave his opinion based on the statute that defendant was a sexually dangerous person as defined in the Act. … The record clearly shows that the statements were voluntarily and understandingly made and there is no plausible suggestion to the contrary.

Miller v. Metropolitan Water Reclamation District of Greater Chicago

374 Ill. App. 3d 188 · Appellate Court of Illinois · Jun 22, 2007

To establish title by adverse possession as provided by section 13 — 101 of the Limitations Act, the party must possess the disputed land for 20 years. 735 ILCS 5/13 — 101 (West 2000). … App. 3d 750 (1990) (holding that parking lot did not qualify as a “public use” as defined by Brown.)

Joseph Taylor Coal Co. v. Dawes

122 Ill. App. 389 · Appellate Court of Illinois · Sep 8, 1905

make it effective, if that can be, and be consistent with established rules of law. … This, we think, clearly presented to the jury their duty with respect to the only contested issue involved in that count, and was sufficient.

Wise v. St. Mary's Hospital

64 Ill. App. 3d 587 · Appellate Court of Illinois · Oct 10, 1978

Mary’s Hospital established the existence of a pedal pulse until November 8, 1970, cyanotic nails and a blue tinge spreading in the toes. … Illinois law is clearly to the contrary. (Borowski v. VonSolbrig, 60 Ill. 2d 418 , 328 N.E.2d 301 .)

Geisberger v. Willuhn

72 Ill. App. 3d 435 · Appellate Court of Illinois · Jun 1, 1979

The cases cited by the plaintiff herein are clearly distinguishable from the majority opinion quoted above. Costa v. Regents of University of California (Cal. … Finally, in a related context, the name and the identity of a client does not generally qualify as confidential information protected from disclosure by the attorney-client privilege. (Leindecker v.

Metropolitan Water Reclamation District of Greater Chicago v. Department of Revenue

313 Ill. App. 3d 469 · Appellate Court of Illinois · May 17, 2000

For the reasons set forth below, we reverse the circuit court and affirm the Department’s determination that the District’s property did not qualify for an exemption from taxation. … This is a mixed question of law and fact; thus, this court may only overturn the Department’s decision if it is clearly erroneous. See City of Belvidere v.

Cutler v. Northwest Suburban Community Hospital, Inc.

405 Ill. App. 3d 1052 · Appellate Court of Illinois · Nov 29, 2010

Taylor was qualified to author the report. … Taylor was qualified to author the physician’s report.

Walker v. Barron

2021 IL App (1st) 210080 · Appellate Court of Illinois · Apr 22, 2021

ANALYSIS ¶ 10 On appeal, petitioners contend that Agpawa is not a duly qualified candidate for the office of Mayor of the City of Markham. … And while the constitution clearly states that the legislature may regulate the process for applying for a pardon, this provision “does not in any way restrict the Governor’s power to act.”

People v. Mercado

333 Ill. App. 3d 994 · Appellate Court of Illinois · Sep 25, 2002

FACTS The State’s evidence established defendant and codefendant Audrey Ann Klimawicze lived in the third-floor apartment directly above the apartment where codefendant’s mother, Audrey Virginia Klimawicze, lived. … However, the first sentence of the instruction as well as all of the applicable cases clearly state that all five factors are to be considered and are not mutually exclusive. People v. Gonzalez, 326 Ill.

Wilbon v. D. F. Bast Co.

48 Ill. App. 3d 98 · Appellate Court of Illinois · Apr 14, 1977

It has long been established in this state that a minor is a ward of the court and it is the duty of the court to protect all the interests of any minors within its jurisdiction. In 1846 in Cowles v. … These two minor children, aged five months and two years at the time of their father’s death, have been deprived of this support through the death of their father and clearly should be considered as wards of the court in

Sundene v. Koppenhoefer

343 Ill. App. 164 · Appellate Court of Illinois · May 7, 1951

Justice Wilson, said: “In order that a court may take judicial notice of any fact it must appear that it is a matter of common and general knowledge and that it must be well established and known within the limits of the … The testimony given by him as to findings in the x-rays taken by him was clearly competent. The judgment of the Superior Court is reversed and the cause remanded for a new trial. Reversed and remanded. Niemeyer, P.

Tree v. Rives

347 Ill. App. 358 · Appellate Court of Illinois · Jul 17, 1952

Grey, at present my agent, and the Merchants Loan & Trust Company Bank of Chicago, or to such of them as shall qualify and accept the trust hereby created, and to the survivors and survivor of them and their successors in … Plaintiff is a subject of Great Britain but has established his residence in New York City, obviously for income tax purposes.

Castel Properties, Ltd. v. City of Marion

259 Ill. App. 3d 432 · Appellate Court of Illinois · Mar 30, 1994

The city held a public hearing on the issue on November 16, 1989, and the city council unanimously voted to establish the Illinois Centre TIF. … The trial court found that the area was clearly blighted and that the redevelopment plans were in conformity with the city’s comprehensive plan. There is no serious dispute about either of these propositions.

People v. Johnson

389 Ill. App. 3d 618 · Appellate Court of Illinois · Mar 30, 2009

However, the objections raised below were clearly based on theories different than those defendant presents here. … The analyst was qualified, without objection, as an expert in forensic DNA analysis.

LUCIE B. v. Department of Human Services

359 Ill. Dec. 317 · Appellate Court of Illinois · Mar 1, 2012

"An administrative decision is clearly erroneous when the reviewing court is left with the definite and firm conviction that a mistake has been committed." Id. … The documentation that plaintiff submitted with her application clearly demonstrated that S.B. was hospitalized multiple times as a result of her mental health issues.