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| City of Oakbrook Terrace v. Suburban Bank & Trust Co., No. 2-04-0719,
APPELLATE COURT OF ILLINOIS, SECOND DISTRICT, March 24, 2006, Filed
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Overview: Trial court properly granted advertising companies' summary judgment motion on its claim that city could not through its ordinance require alterations of advertising companies' signs without paying them just compensation; Eminent Domain Act, 735 Ill. Comp. Stat. Ann. 5/7-101, preempted city's ordinance and required payment of "just compensation."
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| County of Cook v. Monat, No. 1-05-2001,
APPELLATE COURT OF ILLINOIS, FIRST DISTRICT, SIXTH DIVISION, March 24, 2006, Decided
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Overview: Special use permit which allowed a prior owner to keep horses on the subject land did not run with land and terminated upon sale to the property owners; the special use permit granted in 1978 did not disturb the underlying residential zoning classification, nor did the notation of special use on the 1996 zoning map amend the zoning classification.
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| People v. Andrews, No. 2-03-0959,
APPELLATE COURT OF ILLINOIS, SECOND DISTRICT, March 24, 2006, Filed
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Overview: Trial court did not err in declaring mistrial in defendant's first jury trial on aggravated vehicular hijacking while carrying a firearm charge in violation of 720 Ill. Comp. Stat. Ann. 5/18-4(a)(4); jury's deadlock showed a manifest necessity for it, and, thus, second jury trial did not violate his Ill. Const. art. I, § 10 double jeopardy rights.
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| People v. Barnes, No. 1-03-2334,
APPELLATE COURT OF ILLINOIS, FIRST DISTRICT, SIXTH DIVISION, March 24, 2006, Decided , March 24, 2006, Opinion Filed
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Overview: Despite fact gunman wore hood and that incident happened quickly, identification testimony against defendant was not so unreliable his convictions required reversal; among other things, identification of defendant was consistent and identification was bolstered by fact witness encountered defendant on multiple occasions before night of shooting.
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| People v. Dresher, No. 1-04-0742,
APPELLATE COURT OF ILLINOIS, FIRST DISTRICT, FIFTH DIVISION, March 24, 2006, Decided
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Overview: The evidence was sufficient to support the jury's verdict that defendant was guilty of the charged offenses and its rejection of the verdict of guilty but mentally ill. The experts did not agree that defendant was mentally ill. However, defendant's convictions were based on one physical course of conduct, and the less serious offense was vacated.
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| People v. Haskins, No. 3-04-0336,
APPELLATE COURT OF ILLINOIS, THIRD DISTRICT, March 24, 2006, Filed
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Overview: Where the appellate court had previously decided that the trial court was permitted to authorize the Illinois Department of Corrections to withhold wages for payment of fine, that holding applied to 730 Ill. Comp. Stat. Ann. 5/5-5-6(h), allowing withholding for payment of restitution, as defendant did not distinguish between a fine and restitution.
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| Steiner Elec. Co. v. NuLine Techs., Inc., No. 1-05-0424,
APPELLATE COURT OF ILLINOIS, FIRST DISTRICT, FIFTH DIVISION, March 24, 2006, Decided
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Overview: Grant of summary judgment to a seller was approved as the trial court correctly struck an affidavit by the buyer's accounts payable manager for failure to comply with Ill. Sup. Ct. R. 191(a) as it contained mere legal conclusions and opinions. The buyer thus failed to present competent factual evidence to create a genuine issue of material fact.
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| Wigginton v. White, 1-04-3822,
APPELLATE COURT OF ILLINOIS, FIRST DISTRICT, March 24, 2006, Decided
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Overview: Where school bus driver had driving permit suspended based on positive drug test result, burden was on driver to present prima facie evidence that positive result was unreliable. Once driver presented prima facie evidence regarding unreliability of test result, burden shifted to Secretary of State to prove reliability and accuracy of results.
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