Case law

JB Distribution Market of SLC, LLC v. City of Peoria

2025 IL App (4th) 241608-U · Appellate Court of Illinois · Sep 4, 2025

¶ 13 We first examine the fast-track demolition statute to determine if it establishes the City’s right to dismissal of plaintiff’s complaint as a matter of law. … If we find the plain language of the statute clearly and unambiguously articulates the legislature’s intent, we will not resort to other aids of construction. Id. ¶ 29.

Stockton v. Oldenburg

Appellate Court of Illinois · Jul 1, 1999

However, in this case, the evidence only established that a name change "could be nice." That does not make it necessary . … However, the legislature did qualify the expenses as "related to the mother's pregnancy and delivery of the child." "Related" connotes a relationship or connection. Webster's 1916.

Pogge v. Hale

253 Ill. App. 3d 904 · Appellate Court of Illinois · Nov 30, 1993

Taylor also stated this hypothetical emergency room physician would have no duty to treat Cynthia where her attending physician had given orders for her care, although there might be some duty if the orders were clearly inadequate … Taylor’s deposition testimony so differed from his affidavit that the court should not consider either one as competent evidence from a qualified expert. Passavant also noted that Dr.

People v. Paul

2025 IL App (2d) 240298-U · Appellate Court of Illinois · Sep 29, 2025

The State concludes that defendant cannot establish that the court ever found a bona fide doubt of defendant’s fitness. … These three opinions do not clearly support defendant’s invocation of second-prong plain error here. ¶ 26 We begin, chronologically, with Contorno.

People v. Irvine

882 N.E.2d 1124 · Appellate Court of Illinois · Jan 31, 2008

Illinois courts are guided by established rules of statutory construction. … "The burden of *1134 rebutting that presumption is on the party challenging the validity of the statute to demonstrate clearly a constitutional violation."

Franklin County Board of Review v. Department of Revenue

Appellate Court of Illinois · Mar 9, 2004

We therefore find that the "clearly erroneous" standard of review is the proper standard in this case. See City of Belvidere v. … Section 9b of the Act confers broad powers onto the board of a conservancy district to fulfill these statutory purposes, including the power to acquire land to establish recreational grounds and to construct buildings for

People v. Binion

2020 IL App (1st) 182538-U · Appellate Court of Illinois · Nov 25, 2020

¶ 24 But even if the violent nature of Veal’s vehicle being stolen had some relevance, it was clearly and substantially outweighed by the risk of unfair prejudice. … ¶ 27 Under the first approach, we cannot say the evidence overwhelmingly established defendant’s guilt for possession of a stolen motor vehicle.

Hubbard Street Lofts v. Inland Bank

2011 IL App (1st) 102640 · Appellate Court of Illinois · Dec 13, 2011

The court found that the explanation of the 365/360 calculation method qualified as stating a time period for calculation within the instrument. Id. at ¶ 30. … It is well established that if a contract is ambiguous, it presents a question of fact and cannot be decided on a motion to dismiss. Monroe Dearborn Ltd. Partnership v. Board of Education, 271 Ill.

People v. Tucker

250 Ill. Dec. 554 · Appellate Court of Illinois · Nov 3, 2000

In order to establish a connection there must be: (1) sufficient testimony to establish that a weapon was used, (2) substantial evidence the defendant participated in the crime, and (3) testimony that the weapon admitted … In the instant case, the State failed to establish that the two guns were connected to the crime.

Zahumensky v. Chicago White Sox, Ltd.

2019 IL App (1st) 172878 · Appellate Court of Illinois · Jun 28, 2019

The claims against the ISFA were subsequently dismissed, on the grounds that it enjoyed statutory immunity, and Mr. … The caution sticker Sika included in its warranty materials was clearly addressed to the end users of the roof.

People v. Hay

362 Ill. App. 3d 459 · Appellate Court of Illinois · Dec 7, 2005

Clearly, the defendant was eligible for an extended-term sentence. … This prior conviction qualified him for an extended-term sentence. Finally, in his reply brief, the defendant argues that his sentence was excessive.

Mystik Tape, Div. of Borden, Inc. v. Pollution Control Board

16 Ill. App. 3d 778 · Appellate Court of Illinois · Dec 28, 1973

However, section 5(b) clearly states that the Board shall determine, define, and implement environmental control standards. … It clearly appears that in the context of section 5(b), standards and regulations are not identical.

McHenry Savings Bank v. Daniel

2021 IL App (1st) 210070-U · Appellate Court of Illinois · Jul 27, 2021

Plaintiff argued that under section 15- 1701(b)(1) of the IMFL (735 ILCS 5/15-1701 (West 2020)), five units of the property, those not occupied by Margaret, did not qualify as “residential real estate” for purposes of the … Even if we did not consider the complaint, the affidavit of Ollech, plaintiff’s chief credit officer, was sufficient to establish default.

People v. Sulton

Appellate Court of Illinois · Oct 15, 2009

Thus, our analysis turns to whether the $10 drug-court assessment qualifies as a fee or a fine. This issue appears relatively straightforward. However, the cases take many oppos- ing approaches. … Had the legislature clearly intended to exclude section 411.2 from such credits, the legislature could have specifi- cally made such an exclusion.

In re A.B.

2026 IL App (1st) 251567 · Appellate Court of Illinois · May 15, 2026

” ¶ 27 The court also found G.J. unfit based on depravity, under ground (i), because of his numerous qualifying felony convictions. ¶ 28 III. … A finding of unfitness will not be reversed unless it is against the manifest weight of the evidence, such that the opposite conclusion is clearly apparent. In re M.I., 2016 IL 120232, ¶ 21.

Eagle Trust Fund v. Miller

2022 IL App (5th) 210156-U · Appellate Court of Illinois · Aug 8, 2022

Near the end of Schlafly’s life, her children began to battle over the direction and control of entities that she established. This lawsuit involves one of those battles. … opposing counsel ordered workers to remove mold-containing barriers, required their experts to alter their opinions, and concealed evidence, the litigation privilege applied because all of the alleged improper conduct clearly

Stevens v. Harper

2026 IL App (5th) 250589-U · Appellate Court of Illinois · Apr 29, 2026

Counsel argued that petitioner only established a single incident on February 26. Counsel argued that because there was a single incident, petitioner failed to establish the threshold of two instances. … The court also noted that the school visit was “qualifying” where respondent should have known that he would cause “emotional distress.”

People v. Calabrese

Appellate Court of Illinois · Jan 26, 2010

However, he testified that he could see clearly. He smoked marijuana on a daily basis, usually about half an ounce. … The State informed the court that it elected to give Patrick witness use immunity.

People v. Fikara

345 Ill. App. 3d 144 · Appellate Court of Illinois · Dec 23, 2003

defendant fails to recognize that the legislature has the authority to set the nature and extent of criminal penalties, and the courts are without authority to interfere with such legislation unless the challenged penalty is clearly … Finally, defendant argues that the statutes under which he was sentenced did not require the State to provide notice in the charging instrument of the facts allegedly qualifying him for an enhanced sentence.

Kerouac v. Kerouac

99 Ill. App. 3d 254 · Appellate Court of Illinois · Aug 21, 1981

The only issues clearly decided in the previous case against Powell were that Powell was not negligent and that the plaintiff Dale Kerouac was not contributorily negligent. … Thomas Kerouac’s negligence was not an issue decided in that case, and, therefore, it cannot be declared established by virtue of collateral estoppel in the present case.