Case law

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.”

Matthews v. Aganad

394 Ill. App. 3d 591 · Appellate Court of Illinois · Sep 4, 2009

That standard is met only when the opposite conclusion is clearly evident or when the jury’s findings prove to be unreasonable, arbitrary and not based upon any of the evidence. … Thus, even if plaintiff had been immunized with the vaccine, he still could have gotten the 2002 infection.

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.

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.

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.

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.

In Re Marriage of Mass

102 Ill. App. 3d 984 · Appellate Court of Illinois · Dec 23, 1981

The difficulty with her assertion was that the agreement clearly designated the payments to be for her support and not the children’s. … In discussing this issue, we must recognize that the parties clearly intended for Alfredo’s duty to make the payments to continue despite the fact of Carolee’s remarriage.

People v. Lattimore

353 Ill. Dec. 433 · Appellate Court of Illinois · Sep 2, 2011

James Lee Qualifies as a "Merchant" ¶ 86 Defendant argues that the State failed to prove beyond a reasonable doubt that James Lee qualifies a "merchant" under section 16A-2.4. … For the reasons discussed below, we find that the evidence in the trial record was sufficient to establish that Lee was an "independent contractor" of the Family Dollar Store and therefore qualifies as a "merchant" under

Mathers v. County of Mason

232 Ill. App. 3d 1095 · Appellate Court of Illinois · Aug 13, 1992

Paragraph Nos. 22 and 23 allege necessity of notices, insurance coverage by the County, lack of immunity, duties of the Supervisor of Assessments, and the County’s duty to supervise appointed officials, employees, and agents … Before the conduct of the taxing authorities will be considered constructive fraud, the evidence must clearly establish that the assessment was made in ignorance of the value of the property, or on a judgment not based upon

Bossman v. Village of Riverton

Appellate Court of Illinois · Aug 29, 1997

It is because of this immunity from review that legislative bodies must confine them­selves to the prescrib­ing of general rules. … While balancing these factors would appear to create a question of fact, this balancing clearly establishes that there was room for a legitimate differ­ence of opinion concerning the reasonableness of the rezoning and that

People Ex Rel. Satas v. City of Chicago

5 Ill. App. 3d 109 · Appellate Court of Illinois · Apr 19, 1972

Action, such as that by the employee in the instant case, was clearly beyond the scope of the zoning ordinance. This action by an agent of the City is not a basis for estoppel, however. … This court is aware, however, the general rule stated above is qualified.

Mirabella v. Retirement Board

198 Ill. App. 3d 971 · Appellate Court of Illinois · May 15, 1990

responds that the legislature never intended that the Reciprocity Act should lead to such a result; that the purpose of the statute is to permit governmental employees to combine service for the express purpose of meeting the qualifying … These statutory provisions are relevant here because the use of the same words or phrases in different sections of a statute should be given a consistent meaning unless legislative intent to the contrary is clearly expressed

Kaiser Agricultural Chemicals v. Rice

138 Ill. App. 3d 706 · Appellate Court of Illinois · Dec 4, 1985

App. 403 , a plaintiff-employee brought an action against his employer when plaintiff’s action had clearly been abolished by the Workmen’s Compensation Act. … All the law requires in cases of this character is that the evidence shall with a fair degree of probability tend to establish a basis for the assessment of damages.’ ” The defendant here was qualified by reason of his farming

In re Marriage of Morreale

Appellate Court of Illinois · Jul 16, 2004

In such event, any balance due and owing will be paid into a trust to be established by MARY ELLEN for the benefit of the parties' children. … Mary Ellen argues that the agreement clearly shows that the payments are a property settlement and, therefore, are not income for tax purposes.

Scammon v. Commercial Union Ins.

20 Ill. App. 500 · Appellate Court of Illinois · Jan 3, 1887

It is indisputable that, as respects every other matter, the plaintiff’s cause of action was clearly made out, so that, upon this appeal, the only questions demanding consideration are those arising upon the above stated … All the material facts are, however, established by undisputed evidence.

Lyons Township ex rel Kielczynski v. Village of Indian Head Park

2017 IL App (1st) 161574 · Appellate Court of Illinois · Jun 23, 2017

Clearly, a qui tam action would not be brought on behalf of a government entity engaging in fraud, or any other random government unit with no ties to the claim. … by the Tort Immunity Act

Sycamore Community Unit School District No. 427 v. Illinois Property Tax Appeal Board

2014 IL App (2d) 130055 · Appellate Court of Illinois · Aug 12, 2014

we assume, for purposes of this analysis only, that the property was properly platted in 2007 (Dahl and the PTAB promote this position, whereas De Kalb asserts that Dahl did not meet his burden of proof in establishing … A decision is deemed “clearly erroneous” only where the reviewing court, upon consideration of the entire record, is left with the definite and firm conviction that an error has been made.

Boffa v. Department of Public Aid

168 Ill. App. 3d 139 · Appellate Court of Illinois · Mar 16, 1988

Department recouped payment made to plaintiff for prophylaxis during the 1981 audited period, based upon his billing practices, and explained to plaintiff that his records insufficiently documented that treatment so as to qualify … In each case, the evidence was clearly insufficient to support Department action. Rather, this case is analogous to Meyers v. Department of Public Aid, 114 Ill.

People v. Beller

54 Ill. App. 3d 1053 · Appellate Court of Illinois · Nov 21, 1977

After thoroughly admonishing defendant of the consequences of his pleas and establishing factual bases therefore, the court sentenced defendant to the penitentiary for two consecutive sets of two concurrent sentences of four … Jimmie Walker, initially a co-defendant in the case, testified for the State under a grant of immunity. (See Ill. Rev. Stat. 1975, ch. 38, par. 106 — 1 et seq.)

People v. Miles

133 Ill. App. 2d 599 · Appellate Court of Illinois · Jul 15, 1971

While a police report may so qualify, it must be shown that the report contains some substantially verbatim statement in order to compel its production at the time of the witness’ cross-examination. (See People v. … The crimes involved were clearly distinct, required different elements of proof, and were perpetrated on two different victims. The attempt to rob Mrs. Gary was completed prior to the attack on the police officer.