Case law

Hawthorne v. Village of Olympia Fields

Appellate Court of Illinois · Feb 8, 2002

The Village has a comprehensive Zoning Ordinance (Zoning Ordinance) which establishes permitted and non-permitted uses of property within various zoning districts in the Village. … If no qualified family member is available to fill this position, it is the Child Care Act which would require that there be a limit of eight children present in the home.

People v. Goodman

347 Ill. App. 3d 278 · Appellate Court of Illinois · Mar 5, 2004

Matthew Markos “would testify” that based on his experience and training he is qualified as an expert in the field of psychiatry. … At the pretrial fitness hearing, the record clearly reflects that the parties only stipulated to what Dr. Markos “would testify.”

Somen v. Amateur Hockey Ass'n of Illinois, Inc.

2024 IL App (2d) 240583-U · Appellate Court of Illinois · Oct 11, 2024

Plaintiffs further alleged that T.S. has a “clearly ascertainable right to participate in high school hockey in Illinois as a prospective player for the KINGS hockey club.” … First of all, if they establish the prima facie case, that’s all they need to do at this level.

Odom v. White

Appellate Court of Illinois · Mar 30, 2011

Our standard of review for this decision is whether it is clearly erroneous. … We reverse the decisions of the Secretary because the Secretary's findings that the mere fact that an injured party was carried from the scene by ambulance is sufficient to establish a type A injury are clearly erroneous

Pavilon v. Kaferly

204 Ill. App. 3d 235 · Appellate Court of Illinois · Sep 28, 1990

Moreover, a demand is unnecessary to establish a conversion where another independent action of conversion is established. (Jensen v. Chicago & Western Indiana R.R. Co. (1981), 94 Ill. … Also, on other occasions, he admonished Pavilon in the presence of the jury in a manner which was clearly appropriate for the circumstances.

People v. McCormick

332 Ill. App. 3d 491 · Appellate Court of Illinois · Jul 17, 2002

We presume that section 2(b)(5) of the Communications Act is constitutional, and defendant has the burden of clearly establishing its unconstitutionality. See People v. … residential burglary and nonresidential burglary is merely a matter of location, and once one grants that an offense is dangerous to some degree, it is a quintessentially legislative decision whether the danger is great enough to qualify

Bajalo v. Northwestern University

Appellate Court of Illinois · Dec 15, 2006

. §2136 (2002)) and to establish an oversight committee to ensure that the rules and regulations promulgated by the Secretary were being enforced (7 U.S.C. §2143(b)(1) (2002)). … It would be unreasonable to immunize from punitive damages an employer who unjustly discharges a union employee, while allowing the imposition of punitive damages against

State ex rel. Phillip E. Edmondson v. Board of Trustees of Illinois Eastern Community Colleges

2019 IL App (5th) 180333 · Appellate Court of Illinois · Aug 15, 2019

Thus, he argued, records received from the Village could not qualify as “State reports.” Id. The First District agreed. Id. ¶ 20. … It also has the authority to establish tenure policies for its instructors (id. § 3-32) and policies for the admission of students (id. §§ 3- 17, 3-28).

Village of Chatham, Illinois v. County of Sangamon, Illinois

Appellate Court of Illinois · Aug 11, 2004

"'Only if it can be said that the classification is clearly unreasonable and palpably arbitrary will the courts act to hold the classifying enactment invalid.' [Citation.] … The doctrine of in pari materia is a long-established, fundamental statutory construction principle.

Smith v. Intergovernmental Solid Waste Disposal Ass'n

239 Ill. App. 3d 123 · Appellate Court of Illinois · Dec 23, 1992

Only vendors responding to this RFQ and determined qualified will be permitted to submit proposals for the facility.” … “Abuse of discretion means clearly against logic. (Daiber, 191 Ill. App. 3d at 568, 548 N.E.2d at 19.)

People v. Raymond

2024 IL App (5th) 230781-U · Appellate Court of Illinois · Jan 8, 2024

As Inman states, it is well established that “[a] reviewing court is entitled to have the issues on appeal clearly defined with pertinent authority cited and a cohesive legal argument presented. … We review claims of ineffective assistance of counsel under the well-established “standard set forth in Strickland v. Washington, 466 U.S. 668 (1984), which this court adopted in People v.

People v. Velasco

184 Ill. App. 3d 618 · Appellate Court of Illinois · Jun 8, 1989

The question, then, is whether the State’s evidence clearly and convincingly established otherwise. … Defendant must clearly establish not only that his attorney was actually incompetent in the performance of his duties but also that were it not for that incompetence the outcome of the trial would likely have been different

Richard v. Illinois Bell Telephone Co.

66 Ill. App. 3d 825 · Appellate Court of Illinois · Nov 3, 1978

The law stated above clearly indicates that unauthorized conduct may fall within the scope of employment. … Bell clearly does not fall within either of these two commonly accepted definitions.

Board of Education of Bremen High School District No. 228 v. Mitchell

387 Ill. App. 3d 117 · Appellate Court of Illinois · Dec 10, 2008

A school district is a quasi-municipal corporation created by the state to act as its administrative arm in implementing the establishment of free schools. … A board of education also qualifies as an employing unit under the Unemployment Insurance Act.

Rutkoski v. Hollis

235 Ill. App. 3d 744 · Appellate Court of Illinois · Sep 30, 1992

A trial court should dismiss a cause of action on the pleadings only if it is clearly apparent that no set of facts can be proved which will entitle a plaintiff to recover. ( Burdinie v. … Assuming the exception for extra-contractual duties is measured by whether the plaintiff would qualify as a third-party beneficiary in a contract action, it should be noted that beneficiaries of an estate are more than "incidental

Empress Casino Joliet Corp. v. Averus, Inc.

2020 IL App (1st) 192071 · Appellate Court of Illinois · Dec 24, 2020

Averus further claimed that Reisman had opined that Averus had complied with the NFPA 96 standard and plaintiff had not presented any testimony by a qualified expert to challenge that opinion. … Clearly, it would not. [The decedent’s] decision to jaywalk, while undeniably tragic and regrettable, was entirely of her own making.

People v. Maury

257 N.E.3d 711 · Appellate Court of Illinois · Feb 20, 2025

¶ 35 The State objected, questioning whether Kocher was qualified to testify about the distances between vehicles recorded by Heffner-Dewitt’s in-car cameras. … I think the statute clearly allows that discretion for him. They are coming into a traffic, construction zone.

People v. Robinson

2025 IL App (1st) 231020-U · Appellate Court of Illinois · Jun 2, 2025

The court then noted defendant’s extensive criminal history and again explicitly stated that it was not considering the two qualifying offenses. … A party challenging the constitutionality of a statute bears the burden of clearly establishing its invalidity. Id.

People v. Vasquez

368 Ill. App. 3d 241 · Appellate Court of Illinois · Sep 25, 2006

The evidence clearly established defendant’s guilt. The mere fact that the jury indicated in one note that it could not reach a decision does not render the evidence closely balanced. … The State maintains that defendant has forfeited this issue by failing to raise the issue at trial or in a posttrial motion and that it does not qualify as plain error.

Moore v. Jewel Companies, Inc.

249 Ill. App. 3d 173 · Appellate Court of Illinois · Jun 15, 1993

Once a claimant qualifies as a “Documented Case,” by presenting sufficient evidence of the kinds set forth in the agreement to establish that he suffered salmonellosis due to Jewel’s milk, defendants agreed to make a settlement … It is clearly and unambiguously not applicable to payments made to the member by Jewel. Jewel is not a third-party or other entity.