Case law

Faith Builders Church v. Department of Revenue

Appellate Court of Illinois · Feb 7, 2008

It is beyond dispute that, under the case law, religious instruction qualifies as a religious purpose. Evangelical Teacher Training Ass'n, 118 Ill. … First, does the property "contain[] a school *** offer[ing] an established, commonly accepted program of academic instruction"?

Patent Scaffolding Co. v. Standard Oil Co.

68 Ill. App. 2d 29 · Appellate Court of Illinois · Mar 1, 1966

Emerson-Comstock Co., 141 F Supp 143 (ND Ill) when the court said: “While there are early cases in some states expressing a public policy against indemnifying a tort feasor for his own negligence it is today well established … construed as indemnifying one against his own negligence unless such a construction is required by clear and explicit language of the contract, which we agree is the Illinois rule of strict construction, we find that rule is qualified

Reed v. Country Place Apartments Moweaqua I, L.P.

2016 IL App (5th) 150170 · Appellate Court of Illinois · Mar 22, 2016

¶ 14 We turn, therefore, to the issue of immunity under the Act. … common law, the Murphy-Hylton court concluded that the Act must be interpreted narrowly, as evidenced by the general rule of law that when the General Assembly intends to abrogate the common law, that intent must be clearly

Holm v. Village of Windsor

38 Ill. App. 650 · Appellate Court of Illinois · Dec 8, 1890

Then he follows with another allegation which qualifies this one very materially, thus: “ That said action renders the said two lots, barn yard, barns and stables, entirely valueless except they should be held and owned in … If there was any injury it could clearly be proven and recovered at law. For the above reasons the decree of the court below is affirmed. Decree affirmed.

Newby v. LAKE ZURICH COMMUNITY UNIT

136 Ill. App. 3d 92 · Appellate Court of Illinois · Aug 27, 1985

Illinois law, however, clearly holds to the contrary. In Morrow v. L. A. Goldschmidt Associates, Inc. (1984), 126 Ill. … The court wrote: “When a municipality adopts a plan or design for improvements of public property, the Local Governmental and Governmental Employees Tort Immunity Act, after exculpating the governmental unit from liability

City of Aurora v. Brown

12 Ill. App. 122 · Appellate Court of Illinois · Feb 9, 1883

precaution to hold to this rail as they passed down, no one had ever fallen or had ever experienced any trouble in passing down in perfect safety. “ A city is not required to have its sidewalks so constructed as to secure immunity … not determine that the appellant would not have been negligent under all the circumstances in not furnishing a better walk in case appellee had not been familiar with it, but we think under all the circumstances that he clearly

Central Stock & Grain Exchange v. Pine Tree Lumber Co.

140 Ill. App. 471 · Appellate Court of Illinois · Apr 6, 1908

It considered itself immune from final process. … Section 10 is clearly a limitation upon the time given to corporations by the statute to settle up their affairs, and while it has been decided that a dissolved corporation may prosecute an appeal or sue out a writ of error

Foust v. The Forest Preserve District of Cook County

408 Ill. Dec. 218 · Appellate Court of Illinois · Sep 30, 2016

Defendant further argued that the character of the trail established it as a “riding trail” under section 3-107(b). Accordingly, defendant argued that the section 3-107(b) immunity applied. … establishes that if branch failure occurred, the target below would be the paved path and perhaps pedestrians who frequently use the subject trail.”

People v. Sperow

170 Ill. App. 3d 800 · Appellate Court of Illinois · Jun 16, 1988

Watts testified that the State had assured his immunity from any potential perjury prosecution. … The conduct of the defendant herein was clearly reprehensible. The trial court clearly confined its consideration to the amount and type of force employed.

Commissioners of Saline Branch Drainage District v. Pilcher

19 Ill. App. 3d 125 · Appellate Court of Illinois · Apr 25, 1974

It failed to clearly and unambiguously state the method by which the proposed work was to be accomplished. That portion of the order in question states: “4. … Stat. 1933, chapter 42, par. 39, in which the method for obtaining additional assessments is established.

Kemnitz v. Semrad

206 Ill. App. 3d 668 · Appellate Court of Illinois · Jun 29, 1990

The medical standard of care must be that of a reasonably well-qualified practitioner in the locality where the defendant doctor practices (Purtill v. … to establish a deviation.

People v. Grant

104 Ill. App. 3d 183 · Appellate Court of Illinois · Apr 7, 1982

The burden of establishing that he was not responsible for a delay and is entitled to discharge rests upon the defendant. (People v. Pearson (1980), 88 Ill. App. 3d 616 , 410 N.E.2d 958 .) … This two-day period was clearly a delay caused by or contributed to by the defendant.

People v. Jones

Appellate Court of Illinois · Jun 25, 2007

The review of a trial court's conclusions after it conducts the three-step Batson analysis is deferential and reversal is proper only if the decision was clearly erroneous. … Here, Rochowicz, a qualified expert, testified that he had reviewed the results of the gunshot residue test conducted by Wong.

Casey v. Penn

45 Ill. App. 3d 573 · Appellate Court of Illinois · May 12, 1977

Plaintiff argues that the evidence of defendant’s negligence was clearly established on two points: (1) defendant’s decision to employ an open reduction procedure and thé complete lack of an initial examination of the plaintiff … Stat. 1975, ch. 110A, par. 236(a)) provides that a business record which qualifies shall be admitted into evidence without introducing all other circumstances of its making.

Cruttenden v. Finlay

123 Ill. App. 523 · Appellate Court of Illinois · Nov 24, 1905

Carrott executor of said will, who qualified as such on the twelfth'day of February, 1884, and assumed the duties of his executorship. On the eleventh day of April, 1884, said widow, Electa L. … The rule which must govern our holding in this case seems to be well established. .It is as follows: “The statute has not provided a period of limitation within which the administrator must filfe a petition to sell lands

Harroun v. The Addison Police Pension Board

Appellate Court of Illinois · Mar 21, 2007

For purposes of this provision, it is well established that the definition of "act of duty" set forth in section 5--113 of the Code (40 ILCS 5/5--113 (West 2000)) applies. See, e.g., Alm v. … Plaintiff alternatively argued that the apprehension of Hanses qualified as an act of duty within the meaning of section 5--113 of the Code because it was an act of heroism.

Vajda v. Arthur Andersen & Co.

253 Ill. App. 3d 345 · Appellate Court of Illinois · Sep 7, 1993

Clearly, it was possible at the time the contract was formed for plaintiff to have performed his job competently within one year and for Andersen to comply with the three-warning procedures within one year. … The circuit court ruled that with regard to count III, plaintiff’s failure to establish a Duldulao contract precluded a finding that there existed a valid and enforceable contract.

Barnhart v. Boyce

102 Ill. App. 172 · Appellate Court of Illinois · May 22, 1902

There is practically no dispute, and in any event it is clearly established by the great weight of the evidence, that, among other things, by way of alterations in and additions to said premises, appellee, during his tenancy … Because the verdict is clearly and manifestly against the evidence, and by reason of said two misleading instructions, the judgment is reversed, and the cause remanded.

Ziebell v. Board of Trustees of Police Pension Fund

73 Ill. App. 3d 894 · Appellate Court of Illinois · Jun 14, 1979

Plaintiff asserts that the cases cited are not controlling because they involved increases in benefits already being paid whereas he did not qualify for any pension until after the statute was amended. … The provision establishes that whether pensions are established in return for voluntary or mandatory payments a contractual arrangement is involved, binding the government to fulfill its agreement. (See Kraus v.

People v. Morris

301 Ill. App. 3d 603 · Appellate Court of Illinois · Dec 1, 1998

Officer Les Higgins then testified that he conducted the breathalyzer test administered to defendant and that he was qualified to operate the machine on the date of testing. … He contends that .011 is clearly greater than the .01 margin of error allowed by the regulation so the trial court’s ruling must be affirmed.