Case law

City of Springfield v. Policemen's Benevolent & Protective Ass'n Unit No. 5

2021 IL App (4th) 200164-U · Appellate Court of Illinois · May 24, 2021

The City also has a civil service commission, established by city ordinance, which sets forth “standards” for City employees. … way, whether the rule of law as applied to the established facts is or is not violated.”

Petrie v. Illinois High School Ass'n

75 Ill. App. 3d 980 · Appellate Court of Illinois · Sep 6, 1979

Supp. 1117 , a rule excluding girls from boys' teams in contact sports was similarly deemed invalid unless girls' teams were established. In Darrin v. … IHSA seems to enjoy the best of both worlds — use of public funds and public facilities and, indeed, effective control of educational policy in the field of athletics, yet it enjoys immunity from public control and even from

People v. Stanciel

225 Ill. App. 3d 1082 · Appellate Court of Illinois · Dec 11, 1991

He was not qualified to determine whether any of the wounds contributed to the child’s death. Dr. … An arrest takes place when the police inform defendant of a violation, the person submits to their control, and the evidence clearly shows that police intended to effect an arrest and that the defendant so understood them

In re Commitment of Kirst

40 N.E.3d 1215 · Appellate Court of Illinois · Sep 30, 2015

Smith, a licensed clinical psychologist and a qualified expert, engaged in “guesswork” when he found that these factors were additional evidence that respondent was still an SVP. Dr. … ¶ 58 Here, overwhelming evidence established that respondent was still an SVP.

Pilz v. McHenry County Electoral Board of Commissioners

2020 IL App (2d) 200128-U · Appellate Court of Illinois · Mar 13, 2020

The issue of whether the candidate’s nominating papers satisfied the statutory requirements involves the interpretation of the relevant statutory provisions, and it is well established that statutory interpretation presents … The candidate clearly indicated that he was seeking the office of circuit judge in the Third Subcircuit.

People v. Jones

2024 IL App (1st) 221555 · Appellate Court of Illinois · Aug 1, 2024

“Illinois pattern instructions were ‘painstakingly drafted with the use of simple, brief and unslanted language so as to clearly and concisely state the law.’ ” People v. … ¶ 56 The defendant fails to establish that his proposed defense-of-dwelling defense would have changed the result of his trial, as he would not have been able to establish either of the requirements for the use of

People v. Taylor

409 Ill. App. 3d 881 · Appellate Court of Illinois · Mar 4, 2011

Here, the trial court found that a prima facie case of discrimination under Batson was established. … We cannot say that the trial court’s determination that defendant failed to establish purposeful discrimination was clearly erroneous.

Pisano v. Illinois Workers' Compensation Comm'n

428 Ill. Dec. 680 · Appellate Court of Illinois · Dec 7, 2018

Thus, claimant was required to establish that he falls into the odd-lot category. … A decision is against the manifest weight of the evidence only if an opposite conclusion is clearly apparent. Westin Hotel, 372 Ill. App. 3d at 539.

MacKenna v. Pantano

469 Ill. Dec. 149 · Appellate Court of Illinois · May 10, 2023

Rao can establish that he was a therapist, the next question to be answered is whether the circuit court erred in ordering the production of Ursitti’s mental health records because Ursitti’s complaint never placed her mental … Such a result is clearly not contemplated by the terms of the statute.

People v. Guthrie

57 N.E.3d 621 · Appellate Court of Illinois · Jun 30, 2016

-5- ¶ 19 Based on the criteria established by the DSM-V, Padera concluded defendant did not qualify for a diagnosis of pedophilic disorder. … "A decision is against the manifest weight of the evi- dence only if an opposite conclusion is clearly apparent." Id. ¶ 36 C.

People v. McCoy

63 N.E.3d 1006 · Appellate Court of Illinois · Sep 15, 2016

¶ 124 The undisputed evidence at trial established that defendant drove the victim’s vehicle. … Thus, the statement also qualifies as an excited utterance.

Peoria Ice Cream Company v. Zosky

2022 IL App (3d) 210152-U · Appellate Court of Illinois · Jul 1, 2022

The statute of limitations therefore bars PIC claim unless it can establish that the discovery rule applies. … The terms of the agreement established that it was Terracon’s responsibility to obtain the NFR letters.

Ferguson v. Bill Berger Associates, Inc.

302 Ill. App. 3d 61 · Appellate Court of Illinois · Dec 8, 1998

As discussed above, no written contract was executed by Rudolf and the defendant to establish defendant’s relationship to Rudolf and his literary agent. … There is no indication that that relationship was not established by oral contract or other course of dealings between Rudolf and the defendant.

People v. McCormick

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

McKeown v. Pridmore

310 Ill. App. 634 · Appellate Court of Illinois · Jun 25, 1941

Pridmore qualified as executor. He also consented to act as trustee. Martha Schwartz was the widow of Schuyler Colfax Schwartz, the deceased son of the testatrix. … The record shows clearly that Schwartz retained McKeown on October 20, 1934, although the parties had been conferring for a month previous to that date.

Tarango v. The Village of Carpentersville

2023 IL App (2d) 220389-U · Appellate Court of Illinois · Jul 6, 2023

It also raised the affirmative defenses of tort immunity under section 3-102 of the Local Governmental and Governmental Employees Tort Immunity Act (745 ILCS 10/3-102 (West 2020)) and contributory negligence. … Specifically, it contends that the “scene photographs clearly establish that the overall area at issue was cracked, gravely [sic], and appeared to be a darkened depression that clearly would have been recognizable by a

Rock River Water Reclamation District v. The Sanctuary Condominiums of Rock Cut

30 N.E.3d 1081 · Appellate Court of Illinois · Dec 11, 2014

The court also determined that plaintiff’s authority for the taking was established by the 2011 Ordinance. … In particular, the 2010 Ordinance authorizes the extension of sanitary sewer service, which is clearly useful to the public. See City of Nokomis v.

E & E HAULING, INC. v. Pollution Control Bd.

116 Ill. App. 3d 586 · Appellate Court of Illinois · Aug 3, 1983

noted and evidently accepted the District’s claims that the proposed modification of the Mallard Lake landfill would “improve [the site’s] final use as a scenic and recreational facility” and “improve the environmental qualify … To hold that the PCB (or this court) may not consider the ex parte contacts involved here because they are not part of the record certified by the County Board would immunize such contacts frorp. review because of the very

People v. Miles

217 Ill. App. 3d 393 · Appellate Court of Illinois · Aug 6, 1991

She has never been able to identify the assailant because she is unable to see clearly without her glasses, and he prevented her from getting to them. … The court overruled the objections and qualified Foreman as an expert.

People v. Schmidt

392 Ill. App. 3d 689 · Appellate Court of Illinois · Jun 17, 2009

We agree with defendant that, by enacting the 1990 amendment, the legislature expressed its intent to limit the number and types of aggravated batteries that would qualify as forcible felonies. … On appeal, the respondent argued that the State failed to establish the requisite mental state, since he did not “knowingly” damage either car.