Case law

Chicago & Northeast Illinois District Council of Carpenters Apprentice & Trainee Program v. Department of Revenue

293 Ill. App. 3d 600 · Appellate Court of Illinois · Nov 26, 1997

The party claiming an exemption has the burden of proving clearly and conclusively that the subject property falls within both the constitutional authorization and the terms of the statute under which the exemption is claimed … In either case, the same courses are necessary before one may become qualified to practice optometry.

Parker v. Wright

262 Ill. App. 3d 661 · Appellate Court of Illinois · Jun 10, 1994

Clearly this patient is unable to work at this time in any gainful way and any implication to the opposite is deeply regretted.” … Even if Parker’s condition qualifies as hypoparathyroidism, the evidence does not establish that she suffers from severe recurrent tetany or generalized convulsions or lenticular cataracts.

Grutzius v. Armour & Co. of Delaware, Inc.

312 Ill. App. 366 · Appellate Court of Illinois · Dec 30, 1941

In the Parks case it was said at page 114 that “the General Assembly has failed to establish a standard or rule of action.” … It seems perfectly obvious that the word “provided” was used in its ordinary sense and that the legislature clearly intended to qualify the word negligence appearing in the first part of section 3 to mean negligence as defined

Decatur Park District v. Becker

368 Ill. 442 · Illinois Supreme Court · Apr 15, 1938

The powers of the district as set forth in the foregoing act show clearly that the establishment of playgrounds is a park purpose. … It was clearly not the result of mistake or of passion and prejudice. Public Service Co. v. Deatherbee, 311 Ill. 505 ; City of Chicago v. Chicago Title and Trust Co. 331 id. 322.

People v. Hope

116 Ill. 2d 265 · Illinois Supreme Court · Feb 21, 1986

The State did not use this evidence as a qualifying factor to support the defendant’s eligibility for the death penalty since he already qualified for another reason, but instead used it in the aggravation stage of the sentencing … Thus, the State further alleges that the defendant’s citation of Davis is “clearly inapposite” to this case.

City of Des Plaines v. Scientific MacHinery Movers, Inc.

9 Ill. App. 3d 438 · Appellate Court of Illinois · Dec 19, 1972

Before the enactment of this provision, consent decrees could be collaterally attacked only through bills of review and were specifically immune from challenges by appeal or writ of error. (Sims v. … Evanston Bus Co., 27 Ill.2d 609 , 190 N.E.2d 348 , and the policy enunciated by the court there clearly establishes that the courts are not strictly bound by precedent in affording post-judgment relief, but rather may exercise

Niles Township High School District 219 v. Illinois Educational Labor Relations Board

Appellate Court of Illinois · Dec 17, 2007

and in the performance of his/her other professional duties using [established criteria]. … Article V established procedural requirements for maintaining teachers’ personnel files requiring that each file include all documents related to the teachers’ performance.

Harriston v. Chicago Tribune Co.

771 F. Supp. 933 · District Court, N.D. Illinois · Sep 6, 1991

Clearly, Harriston was not demoted or fired when she was transferred to the Senior Sales job. … The working conditions Harriston faced were not sufficiently onerous to establish a constructive discharge.

People ex rel. Waller v. Harrison

Appellate Court of Illinois · May 21, 2004

On appeal it is not the State but defendant who must establish that the trial court's determination is clearly erroneous. We do not believe that defendant has sustained his burden. … However, in this case, we are not swayed by the dissent's ultimate claim that the trial court's judgment is clearly erroneous and that defendant has established prejudicial error.

Pontiac Lodge No. 294 v. Department of Revenue

243 Ill. App. 3d 186 · Appellate Court of Illinois · Mar 30, 1993

Pursuant to section 19.7 of the Revenue Act the taxpayer must establish, in order to qualify for a charitable property tax exemption, that the property is owned by a charitable organization and is exclusively used for charitable … The testimony before the Administrative Law Judge in this case, clearly establishes that charity is not a ‘incidental purpose’ of the Pontiac Masonic Temple, but rather a primary focus.

In re Estate of Cashman

134 Ill. 88 · Illinois Supreme Court · Jun 12, 1890

The will was admitted to probate on the 8th day of March, 1880, and the executrix and executor named, qualified as such, and entered upon the discharge of their duties. … The use of the word “unexpended” clearly implied the power to expend.

Weinert v. Weinert

105 Ill. App. 3d 56 · Appellate Court of Illinois · Mar 25, 1982

App. 3d 630, 632 , 402 N.E.2d 854, 855 ), and the motion should not be granted unless it clearly appears that no set of facts can be provided which will entitle the pleading party to recovery (Newberg-Krug-Brighton v. … The interest of petitioner that his sons bear his surname would appear to qualify their right to use their stepfather’s surname where the latter has not adopted them and is not legally burdened with an obligation of support

Anderson v. Wagner

79 Ill. 2d 295 · Illinois Supreme Court · Oct 2, 1979

Though these cases were phrased in special-legislation language, they clearly applied an equal protection standard. … In the cases now before us there clearly is a sound and rational basis for the classification at issue.

Pierce v. People

106 Ill. 11 · Illinois Supreme Court · Mar 29, 1883

This proposition is so clearly settled by the authorities, it can no longer be regarded as an open question. … If he was not the agent, and did not aid. the insurance company in violation of the statute, which I am satisfied the evidence fails to establish, the judgment ought to be reversed.

Olin Industries, Inc. v. Barnett

64 F. Supp. 722 · District Court, S.D. Illinois · Jan 24, 1946

The pleaded and admitted facts clearly show that plaintiff’s greatly expanded operations from 1939 on were due entirely to the immense demand for war materials and were in no sense due to any natural increase in volume of … We should not lightly attribute to Congress the intention of overthrowing and disrupting this relationship-in the absence of language clearly evidencing such intent. The Act itself recognizes, the principle.

Dakhlallah v. Zima

42 F. Supp. 3d 901 · District Court, N.D. Illinois · May 28, 2014

See White, 56 F.3d at 820 ; see also, in the qualified immunity context, Beier v. … immunity.

Madison v. The City of Chicago

2017 IL App (1st) 160195 · Appellate Court of Illinois · Jun 26, 2017

together, making no distinction between the first sentence of section 2-101 and the second sentence that lists specific types of claims; our supreme court viewed the claim before it as “excluded” from the Act and did not qualify … To - 11 - No. 1-16-0195 accomplish this, the 2003 amendment used the identical language used in section 13-212(a) of the Code, establishing a two-year limitations period

P.A.M. Transport, Inc. v. Builders Transport, Inc.

209 Ill. App. 3d 889 · Appellate Court of Illinois · Feb 28, 1991

Second, plaintiff’s exhibit 17 should not have been introduced into evidence, as it was clearly hearsay. … Plaintiff having failed to establish any taxes paid for repairs is denied any recovery for same.”

Doud v. Guthrie

13 Ill. App. 653 · Appellate Court of Illinois · Nov 16, 1883

But if the question is to be regarded as calling for the mere opinion of the witness, we think, under the facts shown, he was qualified to testify as an expert. … Ho clearly defined line can be drawn between the two classes of cases in which expert testimony is, or is not, admissible.

People v. Scharlau

141 Ill. 2d 180 · Illinois Supreme Court · Nov 30, 1990

We only object to defendants’ methods and the ultimate personal reward they gleaned from the establishment of that transition government. … This clearly is not the case for defendants. We also find that the appellate court’s use of a “mixed-interest” interpretation violates the legislative intent of these enactments.