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| Bigelow v. City of Rolling Meadows, No. 1-06-0292,
APPELLATE COURT OF ILLINOIS, FIRST DISTRICT, FIRST DIVISION, March 19, 2007, Decided , March 19, 2007, Opinion Filed
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Overview: Court properly granted summary judgment to beneficial owners of property because, although the disputed subject property was designated as a named avenue, there were no marks or notations on the plat evidencing an intent to dedicate the property for use by the public. Thus, there was no statutory dedication under 765 Ill. Comp. Stat. Ann. 205/3.
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| Country Mut. Ins. Co. v. Carr, NO. 4-06-0589,
APPELLATE COURT OF ILLINOIS, FOURTH DISTRICT, March 19, 2007, Filed
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Overview: Judgment on the pleadings in favor of insurer in declaratory judgment action was reversed; underlying negligence complaint against insured alleged accidental injury to basement walls that was an occurrence under general liability policy, which meant insurer had duty to defend insured unless it could show occurrence came within a policy exclusion.
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| Morr-Fitz, Inc. v. Blagojevich, NO. 4-05-1050,
APPELLATE COURT OF ILLINOIS, FOURTH DISTRICT, March 19, 2007, Filed
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Overview: A trial court's decision to dismiss a cause of action was correct where the pharmacists and pharmacy owners had not pled facts establishing that they had felt the effects of Ill. Admin. Code tit. 68, § 1330.91(j) (2005) in a concrete way and would have suffered a substantial hardship if they were not allowed to pursue the action.
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| People v. Castillo, No. 1-05-0822,
APPELLATE COURT OF ILLINOIS, FIRST DISTRICT, FIRST DIVISION, March 19, 2007, Decided , March 19, 2007, Opinion Filed
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Overview: Conviction for aggravated battery of a police officer was affirmed because defendant's right to a speedy trial under 725 Ill. Comp. Stat. Ann. 5/103-5 was not violated, and the testimony of the officer who was assaulted was sufficient to prove defendant guilty under 720 Ill. Comp. Stat. Ann. 5/12-4(b)(6) beyond a reasonable doubt.
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| Airborne Express, Inc. v. Ill. Workers' Comp. Comm'n (Bronke), No. 1-06-1960WC,
APPELLATE COURT OF ILLINOIS, FIRST DISTRICT, WORKERS' COMPENSATION COMMISSION DIVISION, March 20, 2007, Filed
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Overview: Circuit court erred, under 820 Ill. Comp. Stat. Ann. 305/10, in confirming Workers' Compensation Commission's calculation of average weekly wage, TTD, and maintenance benefits; overtime hours should not have been included in calculation as they were not part of claimant's regular hours and they were not hours required as condition of his work.
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| F.H. Paschen/S.N. Nielsen, Inc. v. Burnham Station, L.L.C., No. 1-06-1064,
APPELLATE COURT OF ILLINOIS, FIRST DISTRICT, SECOND DIVISION, March 20, 2007, Decided , March 20, 2007, Opinion Filed
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Overview: Architectural firm's summary judgment motion was properly granted; investor could not sue derivatively on contract between architectural firm and project manager to which limited liability company it invested in was not a party and investor could not recover negligence damages from architectural firm for allegedly inadequate contract performance.
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