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| Alderson v. Fatlan, No. 3-06-0115,
APPELLATE COURT OF ILLINOIS, THIRD DISTRICT, February 8, 2007, Filed
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Overview: Trial court erred in granting summary judgment declaring owners of land adjacent to a water-filled quarry had riparian rights to use the quarry's surface waters; as the quarry was not a naturally occurring body of water, riparian rights did not extend to it and the adjacent landowners had no riparian rights in the surface waters.
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| Alderson v. Fatlan, 3-06-0115,
APPELLATE COURT OF ILLINOIS, THIRD DISTRICT, February 8, 2007, Filed
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Overview: Trial court erred in granting summary judgment declaring owners of land adjacent to a water-filled quarry had riparian rights to use the quarry's surface waters; as the quarry was not a naturally occurring body of water, riparian rights did not extend to it, and the adjacent landowners had no riparian rights in the surface waters.
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| People v. Brown, No. 2-04-1099,
APPELLATE COURT OF ILLINOIS, SECOND DISTRICT, February 8, 2007, Filed
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Overview: Defendant waived his claim that the trial court erred in adjudicating defendant a habitual criminal under 720 Ill. Comp. Stat. Ann. 5/33B-1 because he failed to raise the issue at sentencing as required by 720 Ill. Comp. Stat. Ann. 5/33B-2(c). He also failed to raise the issue before the trial court in a motion to reconsider the sentence.
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| Petrich v. MCY Music World, Inc., No. 1-05-1903,
APPELLATE COURT OF ILLINOIS, FIRST DISTRICT, FOURTH DIVISION, February 8, 2007, Decided
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Overview: Ticket-holder was properly denied certification under 735 Ill. Comp. Stat. Ann. 5/2-801 in a class action against concert organizers because individual questions predominated regarding each of the concertgoers. She also was not an adequate class representative as different operative facts would have controlled the outcome of each individual case.
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| Phillips v. Budget Rent-A-Car Sys., 1-05-2950,
APPELLATE COURT OF ILLINOIS, FIRST DISTRICT, FOURTH DIVISION, February 8, 2007, Decided
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Overview: Injured party failed to establish duty to prevent accident as there was no mention of special circumstances that made theft foreseeable; although she asserted rental agency spent 200 days a year litigating criminal activity involving their vehicles and police chases occurred following thefts, there was no evidence thefts occurred at same facility.
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| Essex Ins. Co. v. Wright, No. 1-05-0267,
APPELLATE COURT OF ILLINOIS, FIRST DISTRICT, SIXTH DIVISION, February 9, 2007, Opinion Filed
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Overview: Summary judgment in favor of insurer in declaratory action as to coverage for spoliation action was affirmed; diminution in value of product liability action due to insured's destruction of vehicle was not tangible property covered by policy and damage to vehicle itself fell under policy's personal property "care, custody, and control" exclusion.
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| Madison Two Assocs. v. Pappas, No. 1-04-0911,
APPELLATE COURT OF ILLINOIS, FIRST DISTRICT, FIFTH DIVISION, February 9, 2007, Decided
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Overview: Trial court erred in finding that since state property tax code, 35 Ill. Comp. Stat. Ann. 200/1 et seq., did not provide for right of intervention by taxing districts in tax objection cases, Code of Civil Procedure, 735 Ill. Comp. Stat. Ann. 5/2-408, also did not apply; Code of Civil Procedure applied to matters not regulated by Property Tax Code.
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| New Holy Temple Missionary Baptist Church v. Disc. Inn, Inc., No. 1-05-3010,
APPELLATE COURT OF ILLINOIS, FIRST DISTRICT, SIXTH DIVISION, February 9, 2007, Opinion Filed
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Overview: Trial court erred in granting corporation's motion to dismiss church's 735 Ill. Comp. Stat. Ann. 5/2-1401 (2004) motion to vacate granting of a petition for a tax deed for the church's parking lot to the corporation; the church had a real interest in the action, the capacity to sue, and a meritorious defense that the lot was tax-exempt property.
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| People v. Gorosteata, No. 1-04-2469,
APPELLATE COURT OF ILLINOIS, FIRST DISTRICT, SIXTH DIVISION, February 9, 2007, Opinion Filed
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Overview: Defendant's case was removed from the ambit of Franks because the informant personally testified before the magistrate at the time the officer applied for the search warrant. Trial court erred in failing to give defendant credit against an assessment for his pretrial incarceration, pursuant to 725 Ill. Comp. Stat. Ann. 5/110-14 (2004).
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| People v. Manning, No. 2-05-0466,
APPELLATE COURT OF ILLINOIS, SECOND DISTRICT, February 9, 2007, Filed
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Overview: Defendant's claims that his conviction and 22-year sentence should be overturned lacked merit; counsel was not required to advise defendant that he could plead guilty but mentally ill, pursuant to 725 Ill. Comp. Stat. Ann. 5/115-2, before pleading guilty and claim that counsel erred in advising him about possible prison term lacked factual basis.
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