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   State Courts - Illinois - September 24, 2007

  
Altenheim German Home v. Bank of Am., N.A., No. 2-06-0699, APPELLATE COURT OF ILLINOIS, SECOND DISTRICT, September 24, 2007, Decided
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Overview: Great-grandchild, who was an adopted great-grandchild of the trustor, was found to be a beneficiary under a trust agreement because the plain language of the trust agreement did not rebut the presumption under 755 Ill. Comp. Stat. Ann. 5/2-4 that adopted great-grandchildren of the trustor were to be included as beneficiaries under the trust.

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Andreou & Casson, Ltd. v. Liberty Ins. Underwriters, Inc., No. 1-06-2754, APPELLATE COURT OF ILLINOIS, FIRST DISTRICT, FIRST DIVISION, September 24, 2007, Filed
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Overview: Summary judgment for insurer in law firm's suit seeking declaration that insurer had defense duty in underlying defamation suit was proper because policy's insured versus insured exclusion barred coverage. Underlying plaintiff, a partner in law firm, qualified as insured under policy's definitions for purposes of determining insured status.

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Chi. Title Land Trust Co. v. Bd. of Trs. , Nos. 1-06-1000 & 1-06-2442 Consolidated, APPELLATE COURT OF ILLINOIS, FIRST DISTRICT, FIRST DIVISION, September 24, 2007, Filed
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Overview: Trial court erred in dismissing plaintiffs' action challenging the passage of a special use ordinance by a county board of trustees, because the Administrative Review Law did not apply, and thus the certiorari petition filed by plaintiffs was the proper means for challenging the ordinance.

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Exelon Corp. v. Ill. Dep't of Revenue, No. 1-06-3388, APPELLATE COURT OF ILLINOIS, FIRST DISTRICT, FIRST DIVISION, September 24, 2007, Decided, September 24, 2007, Opinion Filed
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Overview: Taxpayer argued that 35 Ill. Comp. Stat. Ann. 5/201(e) violated Uniformity Clause, Ill. Const. art. IX, § 2, by allowing tax credit to gas companies but not electric companies. Argument failed as Uniformity Clause challenge to tax credit (as opposed to tax or fee) was limited to whether credit was reasonable, not whether it was uniformly allowed.

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People v. Brown, NO. 4-06-0694, APPELLATE COURT OF ILLINOIS, FOURTH DISTRICT, September 24, 2007, Filed
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People v. Kelly (In re Richard H.) , NO. 4-07-0461, APPELLATE COURT OF ILLINOIS, FOURTH DISTRICT, September 24, 2007, Filed
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People v. O'Leary, No. 2-06-0764, APPELLATE COURT OF ILLINOIS, SECOND DISTRICT, September 24, 2007, Decided
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Overview: Trial court violated 725 Ill. Comp. Stat. 5/113-3(b) by informing defendant that she had no right to appointed public defender to represent her in unlawful visitation interference case. Because trial court affirmatively misinformed defendant that she had no right to court-appointed counsel, defendant did not waive statutory right to counsel.

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People v. Powers, Nos. 2-06-1246 & 2-07-0093 cons., APPELLATE COURT OF ILLINOIS, SECOND DISTRICT, September 24, 2007, Decided
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Overview: Denial of appellant's motion to withdraw his notice of appeal pursuant to Ill. Sup. Ct. R. 606(b) and failure to address his motion to reconsider the dismissal of his postconviction petition was error because appellant's pro se motion to reconsider, which alleged specific claims of ineffective assistance of counsel, was timely and appropriate.

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State Auto. Mut. Ins. Co. v. Habitat Constr. Co., No. 1-05-0365, APPELLATE COURT OF ILLINOIS, FIRST DISTRICT, FIRST DIVISION, September 24, 2007, Decided, September 24, 2007, Opinion Filed
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Overview: Trial court erred in granting summary judgment to the insurance company on its declaratory judgment action seeking a finding that it did not have a duty to defend or indemnify the general contractor in an underlying personal injury action; relevant policy did not exclude general contractor from being sued by the subcontractor's injured employee.

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United City of Yorkville v. Vill. of Sugar Grove, No. 2-06-0649, APPELLATE COURT OF ILLINOIS, SECOND DISTRICT, September 24, 2007, Decided
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Overview: Summary judgment grant to village on united city's action seeking finding that later boundary line agreement invalidated earlier agreement was proper; 65 Ill. Comp. Stat. Ann. 5/11-12-9 (2006), which would have allowed for invalidation, applied prospectively only, and not to agreements such as those at issue entered before that law was enacted.

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