Case law

Nicor Gas Company v. Village of Wilmette

379 Ill. App. 3d 925 · Appellate Court of Illinois · Feb 29, 2008

to immunity" under section 2-201 of the Local Governmental and Governmental Employees Tort Immunity Act (Act), and that it was immune from liability under section 3-102 of the same. … The court also found the Village did not meet its burden under section 2-201 of the Act and had failed to establish that immunity applies.

In re Consolidated Objections to Tax Levies of School District No. 205 for Years 1991 through 1996

306 Ill. App. 3d 1104 · Appellate Court of Illinois · Aug 18, 1999

Judges are not perfect; if they were, there would be no need or purpose to establish courts of review. … This court may not exalt expediency over established state law.

Tucker v. St. James Hospital

279 Ill. App. 3d 696 · Appellate Court of Illinois · Apr 15, 1996

Mitchell’s first report clearly establishes him as incompetent to provide the health professional’s report in this case. … This is clearly well beyond the 90-day statutory extension period.

Ericksen v. Village of Willow Springs

279 Ill. App. 3d 210 · Appellate Court of Illinois · Dec 19, 1995

Act (Tort Immunity Act) (745 ILCS 10/8 — 101 (West 1992)). … Plaintiff’s own affidavit establishes the date of his termination and that he was given absolutely no explanation why he was not reappointed.

Sassali v. DeFauw

Appellate Court of Illinois · Jun 16, 1998

The order is clearly directed only toward the sheriff and, on its face, does not authorize DeFauw to take any action. … I believe the certified question was more clearly answered in Marcus v. Liebman , 59 Ill.

AMERICAN FED. OF STATE, COUNTY v. Ryan

332 Ill. App. 3d 866 · Appellate Court of Illinois · Jul 10, 2002

Planning Act The Center qualifies as a "hospital" under the Planning Board's regulations (77 Ill. … The Planning Act does not clearly preempt the plaintiff's private right of action.

Bonert v. Village of Schiller Park

322 Ill. App. 3d 557 · Appellate Court of Illinois · May 15, 2001

One of the photographs clearly shows that the only pool of water in an indentation was located where the street met the alley, across the street from where cars were parked. … The photographs show that the only area where cars were parked was on the opposite side of Grace Street, which was clearly not within the immediate vicinity of where plaintiff tripped.

Houlihan v. City of Chicago

306 Ill. App. 3d 589 · Appellate Court of Illinois · Jun 30, 1999

Act (the Immunity Act) (745 ILCS 10/2 — 101 et seq. … TORT IMMUNITY ACT Plaintiffs next assert that the circuit court erred by holding that the Illinois Local Governmental and Governmental Employees Tort Immunity Act (the Tort Immunity Act) applied to this case. 745 ILCS 10/

Toth v. England

Appellate Court of Illinois · Apr 27, 2004

The defendants also argued that the plaintiff had not established the requisite elements for abuse of process, malicious prosecution, or defamation. … If a complaint in a small claims action clearly notifies the defendant of the nature of the plaintiff's claims, it states a cause of action. Johnston v. Suckow , 55 Ill. App. 3d 277, 281 , 370 N.E.2d 650, 654 (1977).

People v. Drish

24 Ill. App. 3d 225 · Appellate Court of Illinois · Dec 17, 1974

Once the city exercised its discretion in establishing the Commission pursuant to the statute, it was established by and pursuant to that statute. … This indicates that the witnesses refused to made a blanket waiver of immunity when called to testify and refused to sign a written waiver of immunity for the reason that their attorney had so advised them.

Better Government Ass'n v. Metropolitan Pier & Exposition Authority

2020 IL App (1st) 190697 · Appellate Court of Illinois · Nov 30, 2020

¶ 14 The parties agreed that NPI met the definition of “public body” only if it qualified as a “subsidiary bod[y]” of MPEA. … ¶ 37 BGA argues that NPI’s assertions of tort immunity in other lawsuits count as admissions of government control.

Better Government Ass'n v. Metropolitan Pier & Exposition Authority

2020 IL App (1st) 190697 · Appellate Court of Illinois · Nov 30, 2020

NPI established in its bylaws that all its operations fulfill functions assigned to MPEA by statute. See Baudin v. City of Crystal Lake, 192 Ill. App. 3d 530, 534- 35 (1989). … The assertion of tort -7-  immunity does not amount to an admission of fact.

Steinbach v. CSX Transportation, Inc.

393 Ill. App. 3d 490 · Appellate Court of Illinois · Jul 16, 2009

immunity because erecting the steel cable did not qualify as a policy decision, design plan, inspection or traffic control device. … The facts establish, when considered in a light most favorable to the Plaintiff, that Section 3 — 102(a) of Illinois’ Governmental Tort Immunity Act (‘Immunity Act’) applies herein for the following reasons: a.

Philadelphia Indemnity Insurance Co. v. Pace Suburban Bus Service

2016 IL App (1st) 151659 · Appellate Court of Illinois · Jan 18, 2017

Id. ¶ 27 To establish a right to equitable subrogation, Philadelphia bears the burden to establish the following: (1) that the defendant is primarily liable to the insured for a loss under a policy of … When the plaintiff filed her complaint, the Local Governmental and Governmental Employees Tort Immunity Act granted certain immunities to local public entities but such immunities were waived if an entity was

Marriott Corp. v. Department of Transportation

186 Ill. App. 3d 167 · Appellate Court of Illinois · Jul 17, 1989

Defendants further contended that pursuant to section 1 of “An Act in relation to immunity for the State of Illinois” (Immunity Act) (Ill. Rev. … Clearly, the typical case involving tax payments under protest (see Getto v.

Kemeny v. Skorch

22 Ill. App. 2d 160 · Appellate Court of Illinois · Jul 23, 1959

Timmons, 61 So.2d 426 (Fla.) concerns both the attorney-client privilege and a policy-oriented provisional immunity. … Having decided that the matter is not privileged but is nevertheless immune to pre-trial discovery by virtue of the rule, we ordinarily should regard our judicial function fulfilled.

Williams v. City of Evanston

378 Ill. App. 3d 590 · Appellate Court of Illinois · Dec 28, 2007

Thus, the circuit court found defendants were immune from liability under the Local Governmental and Governmental Employees Tort Immunity Act (Tort Immunity Act) (745 ILCS 10/1 — 101 et seq. (West 2006)). … the Tort Immunity Act.

Kaufmann v. Jersey Community Hospital

Appellate Court of Illinois · Dec 8, 2009

Act (Tort Immunity Act) (745 ILCS 10/8-101(a) (West 2006)). … Schroeder's alleged act of licking plaintiff's breast was clearly unrelated to her patient care.

Du Page County Airport Authority v. Department of Revenue

358 Ill. App. 3d 476 · Appellate Court of Illinois · Jun 14, 2005

The new statutory language does not clearly alter the “broadly written exemption” upon which the supreme court based its conclusion that privately leased property could qualify for an exemption so long as its use otherwise … The disputed property cannot qualify for the first basis for exemption. F.

People v. Wunderlich

2019 IL App (3d) 180360 · Appellate Court of Illinois · Jun 15, 2020

A finding is against the manifest weight of the evidence only if “the opposite conclusion is clearly evident or if the finding itself is unreasonable, arbitrary, or not based on the evidence presented.” … The unrebutted testimony of Lieutenant Booker established that law enforcement was contacted to assist in locating a person missing from a mental health facility.