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| Lynch v. City of Waukegan, No. 2-05-0616,
APPELLATE COURT OF ILLINOIS, SECOND DISTRICT, March 15, 2006, Filed
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Overview: There were no adequate grounds for a firefighter's discharge independent of the cognitive disorder upon which his pension was based. Therefore, a city civil service commission's decision to discharge the firefighter for cause was clearly erroneous.
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| People v. Martha L. (In re Kenneth D.), No. 1-05-3627,
APPELLATE COURT OF ILLINOIS, FIRST DISTRICT, THIRD DIVISION, March 15, 2006, Decided , March 15, 2006, Filed
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Overview: Determination child was abused and neglected under 705 Ill. Comp. Stat. Ann. 405/2-3(l)(b), (2)(ii) was upheld as there was no evidence mother ameliorated drug problems and compliance with screening was erratic. Evidence of mother's participation in services after child was taken into protective custody was not relevant to allegations in petition.
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| City of Chicago v. Old Colony Partners., L.P., No. 1-04-0551,
APPELLATE COURT OF ILLINOIS, FIRST DISTRICT, FOURTH DIVISION, March 16, 2006, Decided
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Overview: Trial court's ruling in favor of building owner in action by city under Chicago, Ill., Mun. Code §§ 13-196-530(b), (e), 13-196-040 was affirmed; the trial court was vested with discretion to determine if code violations occurred that warranted imposition of fines and the city failed to establish that any violations had occurred.
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| Muhammad v. Muhammad-Rahmah, No. 1-04-2622,
APPELLATE COURT OF ILLINOIS, FIRST DISTRICT, FOURTH DIVISION, March 16, 2006, Decided , March 16, 2006, Opinion Filed
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Overview: Although trial court was correct in denying declaratory judgment request that plaintiffs be declared legitimate directors of non-profit corporation, as evidence did not establish that defendants were legitimate directors, custodian was to be appointed under 805 Ill. Comp. Stat. Ann. 105/112.55 to take control and establish new board of directors.
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| People v. Boyd, No. 2-03-1358,
APPELLATE COURT OF ILLINOIS, SECOND DISTRICT, March 16, 2006, Filed
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Overview: Convictions and sentences for two home invasion counts were reversed on speedy-trial grounds, under 725 Ill. Comp. Stat. Ann. 5/103-5(a), as State was responsible for 116-day delay in filing additional charges, and defendant was not responsible for delay agreed to before filing of new charges and that did not actually delay scheduled trial date.
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| People v. Randall, NO. 4-05-0350,
APPELLATE COURT OF ILLINOIS, FOURTH DISTRICT, March 16, 2006, Filed
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Overview: Although the State exercised four peremptory challenges directed only at male members of the jury venire, it offered explanations based on juror characteristics unrelated to gender, and did not violate the Fourteenth Amendment. The record refuted defendant's claim that the State's explanations were merely a pretext for discrimination.
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| Rita v. Mayden, No. 1-06-0458,
APPELLATE COURT OF ILLINOIS, FIRST DISTRICT, SIXTH DIVISION, March 16, 2006, Decided , March 16, 2006, Opinion Filed
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Overview: Trial court did not err in ordering prospective candidate's name be stricken from the upcoming ballot; his use of the designation "The Coach" on his nominating papers violated 10 Ill. Comp. Stat. Ann. 5/8-8.1, as that designation was used to communicate his special community status rather than identify him to people signing his nominating papers.
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| Yakubinis v. Yamaha Motor Corp., U.S.A., No. 1-05-1752 & 1-05-1772, Consol.,
APPELLATE COURT OF ILLINOIS, FIRST DISTRICT, FOURTH DIVISION, March 16, 2006, Decided , March 16, 2006, Opinion Filed
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Overview: 815 Ill. Comp. Stat. Ann. 710/4(e)(8), 12(c) created new substantive rights and could not be applied retroactively to pre-1995 vehicle dealer franchise agreements. Thus, the statutory sections could not be used by a 1989 franchisee to protest the relocation of another franchise into his relevant market area.
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