Case law

Skulimowski v. Deahl

169 Ill. App. 355 · Appellate Court of Illinois · Apr 1, 1912

The defendants, Peter Deahl and Sam Deahl, doing business under the name of ‘ The Derby Steam Laundry,” ran a laundry establishment on East Ontario Street in Chicago. … It is conceded, however, that there was dressing on the new belt, put on at the factory, though the nature of it does not clearly appear.

In re Petition for Annexation of Certain Property to the Village of Plainfield

267 Ill. App. 3d 313 · Appellate Court of Illinois · Nov 10, 1994

The petition does not state what number of signatures is required to form a majority and what number qualified in any category. There is no circulator’s certification of the signatures. … In In re Petition to Annex Certain Territory to the Village of North Barrington (1991), 144 Ill. 2d 353 , annexation of two lots depended upon another lot — labeled "lot 1” — to establish contiguity, but the owner of lot

GMAC Mortgage, LLC v. Arrigo

2014 IL App (2d) 130938 · Appellate Court of Illinois · May 23, 2014

We disagree that the only reasonable reconciliation of the sentences is that two or more persons in possession must own the property in order to qualify for the exemption. … The Bailey court was also clearly referring to what is now section 16 of the Rights of Married Persons Act, which, again, addresses removal from the homestead and requires either consent or provision of another

Hill v. PS Illinois Trust

Appellate Court of Illinois · Sep 26, 2006

To assert a violation of the Illinois due process clause, a plaintiff must allege a state action deprived him of a protected right, privilege, or immunity. … The dividing line we seek to apply in this case was clearly drawn by the U.S. Supreme Court in Tulsa Professional Collection Services, Inc. v. Pope, 485 U.S. 478, 108 S. Ct. 1340, 99 L.Ed.2d 565 (1988).

Village of Oak Brook v. Sheahan

40 N.E.3d 251 · Appellate Court of Illinois · Jun 26, 2015

It defined “Participating member,” in turn, as “[a] member currently working in an IMRF qualified position and making contributions to IMRF. … ¶ 30 The issues in this case do not involve the application of an undisputed rule of law to established facts.

Barry Harlem Corp. v. Kraff

273 Ill. App. 3d 388 · Appellate Court of Illinois · Jun 12, 1995

Extrinsic facts and circumstances must be pled to establish that the publication is defamatory to him. (Schaffer v. Zekman (1990), 196 Ill. App. 3d 727, 731 , 554 N.E.2d 988, 991 .) … The newsletter is clearly a competitor’s advertisement touting its own services as opposed to the services of others.

In Re Marriage of Osborn

206 Ill. App. 3d 588 · Appellate Court of Illinois · Dec 14, 1990

Once it is established that one party has liquidated marital assets, the party charged with dissipation must establish by clear and specific evidence how the funds were spent; general and vague statements that they were spent … He testified that he is a capable and highly qualified attorney. Campbell also testified that the divorce was difficult.

In re Rodney S.

Appellate Court of Illinois · Jun 30, 2010

Because (1) for the reasons that we explain below, error occurred in this case, and (2) "it is well established that a one-act, one-crime violation affects the integrity of the judicial process" (In re Samantha V., 234 … Laws 2183, 2183)) to limit the number and types of aggravated batteries that would qualify as forcible felonies).

In re Detention of Hughes

Appellate Court of Illinois · Apr 10, 2003

In February or March of 1996, Ruiz performed a sex offender evaluation on respondent to determine whether he was qualified for an outpatient sex offender treatment program. … The party challenging the constitutionality of a statute bears the burden of rebutting the presumption and clearly establishing a constitutional violation. In re R.C. , 195 Ill. 2d at 296.

People v. Schoonover

2019 IL App (4th) 160882 · Appellate Court of Illinois · Dec 14, 2020

That section clearly applied, as M.L. was the alleged victim of a listed sex offense and under the age of 18. … Ultimately, we do not know the interest of those excluded because the trial court did not fulfill its statutory responsibility to make that determination. ¶ 49 As discussed, the record clearly establishes that

Moda Furniture, LLC v. Chicago Title Land Trust Company

2015 IL App (1st) 140501 · Appellate Court of Illinois · Aug 19, 2015

After reviewing the exception, the trial court found that it “clearly gives coverage to the loss that resulted from the excluded coverage of the roof.” ¶ 18 The trial court reasoned that it “must construe the … Id. at 576-77. ¶ 42 The Sixth Circuit in TMW Enterprises further explained that the “ensuing loss” clause “establish[ed] that independent, non-foreseeable losses caused by faulty construction are covered

McTique v. Personnel Bd. of City of Chicago

Appellate Court of Illinois · Sep 24, 1998

On January 9, 1995, this hearing officer reported to the Personnel Board: "The evidence established that Respondent violated Personnel Rule XVIII, Section 1, Subparagraphs 8, 29 and 39. … The Personnel Rules clearly provide for the possibility of dismissal for first offenses in certain instances, as did the employee manual in Frank .

People v. Lake modified August 18

Appellate Court of Illinois · Jun 16, 1998

Under section 14 of the Jury Act, a prospective juror who is a party to a suit pending for trial in that court is not qualified to sit as a juror and must be removed for cause. 705 ILCS 305/14 (West 1992). … In our view, the testimony that is quoted in the brief does not clearly indicate that juror Karnezis was a party to a pending suit at the time of the trial in the instant case.

People v. Hilson

230 N.E.3d 730 · Appellate Court of Illinois · Jun 2, 2023

Additionally, he contends that actual possession was also not established. … Accordingly, the defendant is unable to establish that his counsel was objectively deficient. ¶ 79 Further, the defendant would be unable to establish the prejudice prong.

Memory Gardens Cemetery, Inc. v. Village of Arlington Heights

250 Ill. App. 3d 553 · Appellate Court of Illinois · Jul 27, 1993

As its final witness, the Cemetery called Rolf Campbell, a city planning and zoning consultant for over 40 years who has been qualified approximately 150 or 200 times as an expert witness in land use matters. … [Citation.] *** A reviewing court will defer to the administrative entity’s practical construction of the ordinance unless it is clearly erroneous, arbitrary or unreasonable.” Monahan v.

People v. Davis

2024 IL App (5th) 240037-U · Appellate Court of Illinois · Apr 1, 2024

He’s established a pattern as a person who, when he loses the will or ability to refrain from dangerous conduct, engages in seriously dangerous conduct, and that is his condition today. … Also, unlike Stock, the trial court here clearly considered whether GPS monitoring was a viable condition.

Gibson v. The Human Rights Comm'n

2025 IL App (4th) 240955-U · Appellate Court of Illinois · Jun 27, 2025

[Gibson] did not, however, establish that [Mount Olive] knew about the protected activity. *** Furthermore, [Gibson] was not qualified to be hired by [Mount Olive], as noted above, and thus did not … ¶ 49 Here, the Commission found that Gibson failed to establish that he was qualified for the patrol man position.

McNicholl Counseling, P.C. v. Jenkins

2023 IL App (5th) 220732-U · Appellate Court of Illinois · Apr 18, 2023

When the 50-mile radius is contemplated in conjunction with the legislative findings clearly establishing a shortage of behavioral health workers in professions such as Jenkins’s, it is difficult to find the restraint imposed … We further find the geographical restraint would be injurious to the public, as our legislature has clearly established that Illinois has a shortage of behavioral health workers, which includes licensed clinical social

Appelbaum v. Appelbaum

355 Ill. App. 3d 926 · Appellate Court of Illinois · Feb 1, 2005

A finding is against the manifest weight of the evidence only if the opposite conclusion is clearly evident. In re Arthur H., 212 Ill. 2d 441, 464 , 819 N.E.2d 734 (2004). II. … The opposite conclusion is clearly evident. B.

Rojas v. Martell

2023 IL App (4th) 220222-U · Appellate Court of Illinois · Feb 22, 2023

The care included administering medications and immunizations and providing tube feedings and nebulizer treatments. … “A ruling is against the manifest weight of the evidence only if an opposite conclusion is clearly evident.” Indeck Energy Services, Inc. v. DePodesta, 2021 IL 125733, ¶ 56, 183 N.E.3d 746.