Case law

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  • Kimble v. Earle M. Jorgenson Co.

    358 Ill. App. 3d 400 · Appellate Court of Illinois · Jun 9, 2005

    Rejecting Jorgenson’s “unreliability” argument, the circuit court stated: “I think this document is clearly a record kept in the ordinary course of business of what was believed to have occurred at the time. … Schipplein was unquestionably qualified to educate the jury about those forces, principles, and issues, and help it to make factual determinations.

    Cited 56 timesPublished
  • Eads v. Heritage Enterprises, Inc.

    Appellate Court of Illinois · Sep 26, 2001

    Moreover, plaintiff must attach "[a] copy of the written report, clearly identifying the plaintiff and the reasons for the reviewing health professional's determination that a reasonable and meritorious cause for the filing … Specifically, section 3-609 provides: "Any person, institution or agency, under this [a]ct, participating in good faith in the making of a report, or in the investigation of such a report[,] *** shall have immunity from any

    Cited 0 timesPublished
  • People v. Perry

    27 Ill. App. 3d 230 · Appellate Court of Illinois · Mar 18, 1975

    Defendant argues that since the legislature has established only two classes of individuals for purposes of making an arrest, namely, peace officers (Ill. Rev. … Such an ordinance is not inconsistent with the State statute, but clearly supplementary.

    Cited 17 timesPublished
  • New Holy Temple Missionary Baptist Church v. Discount Inn, Inc.

    308 Ill. Dec. 995 · Appellate Court of Illinois · Feb 9, 2007

    In this case the church clearly had a genuine interest in the outcome of its section 2 — 1401 petition to vacate the tax deed judgment. … (a) Property used exclusively for: (1) religious purposes; *** % qualifies for exemption as long as it is not used with a view to profit. (b) Property that is owned by (1) churches!.]” 35 ILCS 200/15 — 40 (West 2004).

    Cited 6 timesPublished
  • Heabler v. Municipal Officers Electoral Board

    338 Ill. App. 3d 1059 · Appellate Court of Illinois · May 5, 2003

    The purpose of a statement of candidacy is to obtain a sworn statement from the candidate establishing his qualifications to enter the primary election for the office he seeks. Lewis, 63 Ill. 2d at 53 . … We do not find this rule unduly burdensome such that we need qualify it today. Accordingly, petitioner’s nominating papers are invalid because he failed to specify which of the two trustee positions he sought.

    Cited 15 timesPublished
  • Szewczyk v. Board of Fire & Police Commissioners

    381 Ill. App. 3d 159 · Appellate Court of Illinois · Mar 18, 2008

    The parties do not dispute that a police chief qualifies as a necessary officer. … The denial of a hearing is properly remedied through mandamus because plaintiff has clearly established that (1) he has a clear right to a hearing before the Commissioners, (2) there is a clear duty on the part of the Commissioners

    Cited 4 timesPublished
  • Crawley v. Board of Education of the City of Chicago

    2019 IL App (1st) 181367 · Appellate Court of Illinois · Aug 12, 2019

    A teacher is given about 12 sick days in a school year for use because of a personal or qualifying family member’s illness. … Factual determinations are against the manifest weight of the evidence if the opposite conclusion is clearly evident. Cinkus v.

    Cited 12 timesPublished
  • People v. Washington

    343 Ill. App. 3d 889 · Appellate Court of Illinois · Sep 30, 2003

    A forensic scientist was called by the State at trial to establish that the content of the 14 small bags was cocaine. … Likewise, in the case at bar, the parties stipulated that forensic chemist Brister was “qualified to testify as an expert in the area of forensic chemistry.”

    Declined to follow by People v. Garth, 353 Ill. App. 3d 108 (2004)Cited 32 timesPublished
  • City of Evanston v. Carroll

    92 Ill. App. 495 · Appellate Court of Illinois · Dec 20, 1900

    Carroll made use of liquor in hiá canvass for election, and that this, in the opinion of the majority, was sufficient, if established, to warrant the council in declaring void the election of Mr. Carroll. … It does appear that he was a qualified elector of the city of Evanston, and for all that appears he may have been an elector of the Fifth ward.

    Cited 0 timesPublished
  • Marathon Petroleum Co. v. Cook County Department of Revenue

    467 Ill. Dec. 293 · Appellate Court of Illinois · Dec 30, 2022

    For mixed questions, the reviewing court reviews whether the agency’s decision is clearly erroneous. Id. … Accordingly, we do not find the decision of the agency to be clearly erroneous. Id.

    Cited 3 timesPublished
  • Justice v. Justice

    114 Ill. App. 2d 254 · Appellate Court of Illinois · Nov 25, 1975

    It seems almost simplicity itself to say that where a voir dire examination, whether conducted by the court or by counsel, results in a qualified and impartial jury, no prejudicial error can occur in its selection. … He contends that basic principles of justice should not allow the abstraction and use of such evidence without some safeguards being established.

    Cited 5 timesPublished
  • Peters v. Riggs

    32 N.E.3d 49 · Appellate Court of Illinois · Apr 27, 2015

    "A complaint should be dismissed under section 2-615 only if it is clearly apparent from the pleadings that no set of facts can be proven that would entitle the plaintiff to recover." … establish that [the City] intended pedestrians to utilize Chestnut Street."

    Cited 9 timesUnpublished
  • Wright v. St. John's Hospital

    229 Ill. App. 3d 680 · Appellate Court of Illinois · May 28, 1992

    From that deposition, the following conclusions are clearly evident: (1) plaintiff’s disability limited her physical abilities; (2) the defendant hospital had established basic physical ability requirements that its LPNs … Is there any weight limitation that you are given in your standards that a person must be able to perform in order to be qualified to work as an LPN? A.

    Cited 34 timesPublished
  • People v. Tara

    Appellate Court of Illinois · Sep 1, 2006

    Beall makes several arguments why Blecker's puncture wound should not qualify as a "serious physical injury." … Thus, whether an injury qualifies as a "serious physical injury" depends on its severity.

    Cited 0 timesPublished
  • People v. Whitehead

    171 Ill. App. 3d 900 · Appellate Court of Illinois · Jun 14, 1988

    Richardson stated defendant spoke clearly and understandably and she saw him eat dinner that night with ladies from her building. … The State offered the vase testimony to combat insanity and intoxication defenses and establish defendant’s intent.

    Cited 29 timesPublished
  • Cornell v. County of Du Page

    58 Ill. App. 3d 230 · Appellate Court of Illinois · Dec 29, 1977

    It is also well settled that a municipality is justified in denying a special use permit for land use otherwise qualified under the enabling ordinance only if that denial bears a real and substantial relation to the public … From our review of this record we hold that the decision of the trial court as to matters of fact and law is not clearly contrary to the manifest weight of the evidence. Accordingly, we affirm. Affirmed.

    Cited 12 timesPublished
  • Halmos v. SAFECARD SERVICES, INC

    208 Ill. Dec. 861 · Appellate Court of Illinois · May 2, 1995

    However, the court clearly stated that it did not make a finding of "would” result. … A plaintiff bringing an action in Wyoming state court establishes proper venue if it resides in the county in which it raises its claim. (Wyo. Stat. § 1 — 5—107 (1977).)

    Cited 3 timesPublished
  • Parr v. Neal

    187 Ill. App. 3d 58 · Appellate Court of Illinois · Aug 4, 1989

    The motion alleged that (1) the relief was “not so confined as to achieve its purpose at the least burden to the defendants”; and (2) the order did not clearly “establish whether any firing range may be utilized in the present … Significantly, Lucas’ statements were qualified by limiting shotgun fire to that with small pellets and other shotgun and rifle fire to further improvement of the range.

    Cited 2 timesPublished
  • Krohe v. City of Bloomington

    Appellate Court of Illinois · May 13, 2002

    The legislative branch of government is responsible for making public policy, and the judiciary should give effect to enactments by the legislature establishing public policy. … Here, there is no challenge of constitutional infirmity, and our deference to the clearly expressed will of the legislature is required.

    Cited 0 timesPublished
  • Metropolitan Alliance of Police v. Illinois Labor Relations Board

    Appellate Court of Illinois · Dec 24, 2003

    Thus, the Board's decision should be affirmed unless it is found to be clearly erroneous. II. … The Board's latter finding was not clearly erroneous.

    Cited 0 timesPublished

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