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25 Illinois opinions name it 2 courts 1947–2025 10 in the last five years
The cases below were cited by Illinois courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.
| Case | Followed | Cited |
|---|---|---|
Pyle v. Ferrellgreen2 sentences2025Whereas a statute of limitations bars a claim based solely on the expiration of a set period of time, “laches turns on ‘the inequity of permitting the claim to be enforced’ ” based on a “change in the condition or relation of the property and parties.” Id. (quoting Pyle, 12 Ill. 2d at 552 ). 2025The doctrine is “grounded in the equitable notion that courts are reluctant to come to the aid of a party who has knowingly slept on his rights to the detriment of the opposing party.” Id.; PNC Bank, National Association v. Kusmierz, 2022 IL 126606, ¶ 25 (quoting Pyle v. Ferrell, 12 Ill. 2d 547, 552 (1958)) (laches is “principally a question of the inequity of permitting the claim to be enforced, an inequity founded upon some change in the condition or relation of the property and parties, and where there is such a change as to make it inequitable to grant relief, it will be refused”). ¶ 17 “T | 3 | 10 |
Holland v. Richardsgreen2 sentences2019However, unlike a statute of limitations, “laches is not a mere matter of time but principally a question of the inequity of permitting the claim to be enforced,—an inequity founded upon some change in the condition or relation of the property and the parties.” Richter v. Prairie Farms Dairy, Inc., 2016 IL 119518, ¶ 51 (quoting Holland v. Richards, 4 Ill. 2d 570, 578 (1955)). 2016However, unlike a statute of limitations, “laches is not a mere matter of time but principally a question of the inequity of permitting the claim to be enforced,—an inequity founded upon some change in the condition or relation of the property and the parties.” Holland v. Richards, 4 Ill. 2d 570, 578 (1955). | 3 | 3 |
O'BRIEN v. Meyergreen2 sentences2022O’Brien v. Meyer, 281 Ill. 2022O’Brien v. Meyer, 281 Ill. | 2 | 2 |
PNC Bank, National Ass'n v. Kusmierzgreen2 sentences2025The doctrine is “grounded in the equitable notion that courts are reluctant to come to the aid of a party who has knowingly slept on his rights to the detriment of the opposing party.” Id.; PNC Bank, National Association v. Kusmierz, 2022 IL 126606, ¶ 25 (quoting Pyle v. Ferrell, 12 Ill. 2d 547, 552 (1958)) (laches is “principally a question of the inequity of permitting the claim to be enforced, an inequity founded upon some change in the condition or relation of the property and parties, and where there is such a change as to make it inequitable to grant relief, it will be refused”). ¶ 17 “T 2023Rather, laches is “principally a question of the inequity of permitting the claim to be enforced, an inequity founded upon some change in the condition or relation of the property and parties, and where there is such a change as to make it inequitable to grant relief, it will be refused.” (Internal quotation marks omitted.) Id. | 1 | 3 |
Freymark v. Handkegreen2 sentences1976(Freymark v. Handke, 415 Ill. 360 , 114 N.E.2d 349 .) Laches, unlike the statute of limitations barring pursuit of a legal cause of action, is not merely the passage of a given time period, but is a question of the inequity of permitting a claim to be enforced where the complainant has not been vigilant in enforcing his rights resulting in detriment to an adverse party. 1976(Freymark v. Handke, 415 Ill. 360 , 114 N.E.2d 349 .) Laches, unlike the statute of limitations barring pursuit of a legal cause of action, is not merely the passage of a given time period, but is a question of the inequity of permitting a claim to be enforced where the complainant has not been vigilant in enforcing his rights resulting in detriment to an adverse party. | 1 | 3 |
Tully v. Stategreen2 sentences2022Laches turns on “ ‘the inequity of permitting the claim to be enforced, an inequity founded upon some change in the condition or relation of the property and parties.’ ” Id. (quoting Pyle, 12 Ill. 2d at 552 ). “ ‘The doctrine is grounded in the equitable notion that courts are reluctant to come to the aid of a party who has knowingly slept on -8- his rights to the detriment of the opposing party.’ ” Id. (quoting Tully, 143 Ill. 2d at 432 ). ¶ 33 Two elements are necessary for the application of laches: (1) “ ‘lack of due diligence by the party asserting the claim’ ” and (2) “ ‘prejudice to the 2022Laches turns on “ ‘the inequity of permitting the claim to be enforced, an inequity founded upon some change in the condition or relation of the property and parties.’ ” Id. (quoting Pyle, 12 Ill. 2d at 552 ). “ ‘The doctrine is grounded in the equitable notion that courts are reluctant to come to the aid of a party who has knowingly slept on -8- his rights to the detriment of the opposing party.’ ” Id. (quoting Tully, 143 Ill. 2d at 432 ). ¶ 33 Two elements are necessary for the application of laches: (1) “ ‘lack of due diligence by the party asserting the claim’ ” and (2) “ ‘prejudice to the | 1 | 2 |
Richter v. Prairie Farms Dairygreen2 sentences2019Unlike a statute of limitations, laches is more than a mere passage of time “but principally a question of the inequity of permitting the claim to be enforced, an inequity founded upon some change in the condition or relation of the property and parties.” Pyle, 12 Ill. 2d at 552 ; Richter, 2016 IL 119518, ¶ 51 . 2019However, unlike a statute of limitations, “laches is not a mere matter of time but principally a question of the inequity of permitting the claim to be enforced,—an inequity founded upon some change in the condition or relation of the property and the parties.” Richter v. Prairie Farms Dairy, Inc., 2016 IL 119518, ¶ 51 (quoting Holland v. Richards, 4 Ill. 2d 570, 578 (1955)). | 1 | 2 |
Van Molligan v. The Board of Fire & Police Commisioners of the Village of Glenviewgreen1 sentence2022Laches turns on “ ‘the inequity of permitting the claim to be enforced, an inequity founded upon some change in the condition or relation of the property and parties.’ ” Id. (quoting Pyle, 12 Ill. 2d at 552 ). “ ‘The doctrine is grounded in the equitable notion that courts are reluctant to come to the aid of a party who has knowingly slept on -8- his rights to the detriment of the opposing party.’ ” Id. (quoting Tully, 143 Ill. 2d at 432 ). ¶ 33 Two elements are necessary for the application of laches: (1) “ ‘lack of due diligence by the party asserting the claim’ ” and (2) “ ‘prejudice to the | 1 | 1 |
Trustees of the Danvers Literary & Library Ass'n v. Skaggsgreen1 sentence1978Freymark v. Handke, 415 Ill. 360, 366, 367 , 114 N.E.2d 349 (1953); Trustees v. Skaggs, 280 Ill. | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Illinois. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
McKey v. McKean
neutral
2 sentences2022Rather, laches is “principally a question of the inequity of permitting the claim to be enforced, an inequity founded upon some change in the condition or relation of the property and parties, and where there is such a change as to make it inequitable to grant relief, it will be refused.” Pyle v. Ferrell, 12 Ill. 2d 547, 552 (1958) (citing McKey v. McKean, 384 Ill. 112 (1943)). ¶ 26 The party asserting laches bears the burden of establishing the defense by a preponderance of the evidence. 2022Rather, laches is “principally a question of the inequity of permitting the claim to be enforced, an inequity founded upon some change in the condition or relation of the property and parties, and where there is such a change as to make it inequitable to grant relief, it will be refused.” Pyle v. Ferrell, 12 Ill. 2d 547, 552 (1958) (citing McKey v. McKean, 384 Ill. 112 (1943)). ¶ 26 The party asserting laches bears the burden of establishing the defense by a preponderance of the evidence. | 6 | 1947–2022 |
Curtis v. Curtis
green
2 sentences1979(Curtis v. Curtis, 398 Ill. 442, 447 ; Brunotte v. DeWitt, 360 Ill. 518, 534 ; Venner v. Chicago City Railway Co., 236 Ill. 349, 368 .) Unlike limitations, laches is not a mere matter of time but principally a question of the inequity of permitting the claim to be enforced, — an inequity founded upon some change in the condition or relation of the property and the parties. 1958Jur., Equity, sec. 489,) and its existence depends on whether, under all circumstances of a particular case, a plaintiff is chargeable with want of due diligence in failing to institute proceedings before he did. ( McCartney v. McCartney, 8 Ill.2d 494 .) Although laches is defined by one authority as such delay in enforcing one's rights as will work to the disadvantage of another, (30 C.J.S., Equity, sec. 112,) it is, unlike limitations, not a mere matter of time but principally a question of the inequity of permitting the claim to be enforced, an inequity founded upon some change in the condi | 4 | 1955–1979 |
Carlson v. Carlson
green
2 sentences1976(Pyle v. Ferrell, 12 Ill. 2d 547 , 147 N.E.2d 341 ; Curtis v. Curtis, 398 Ill. 442 , 75 N.E.2d 881 ; Carlson v. Carlson, 409 Ill. 167 , 98 N.E.2d 779 .) The doctrine of laches was created to promote justice, and not to protect injury, and will not be applied where it will be inequitable and unjust. 1958Jur., Equity, sec. 489,) and its existence depends on whether, under all circumstances of a particular case, a plaintiff is chargeable with want of due diligence in failing to institute proceedings before he did. ( McCartney v. McCartney, 8 Ill.2d 494 .) Although laches is defined by one authority as such delay in enforcing one's rights as will work to the disadvantage of another, (30 C.J.S., Equity, sec. 112,) it is, unlike limitations, not a mere matter of time but principally a question of the inequity of permitting the claim to be enforced, an inequity founded upon some change in the condi | 3 | 1958–1976 |
McCartney v. McCartney
green
2 sentences1972(Bowman v. Armour and Co. (1959), 17 Ill.2d 43 ; McCartney v. McCartney (1956), 8 Ill.2d 494 .) It is, unlike the statute of limitations, not a mere matter of time but principally a question of the inequity of permitting the claim to be enforced. 1972Its existence depends on whether, under all the circumstances of a particular case, a plaintiff is chargeable with want of due diligence in failing to institute proceedings before he did. ( Bowman v. *632 Armour and Co. (1959), 17 Ill.2d 43 ; McCartney v. McCartney (1956), 8 Ill.2d 494 .) It is, unlike the statute of limitations, not a mere matter of time but principally a question of the inequity of permitting the claim to be enforced. ( McKey v. McKean (1943), 384 Ill. 112 .) Laches is, therefore, such neglect or omission to assert a right, taken in conjunction with a lapse of time and other | 3 | 1958–1972 |
Tillman v. Pritzker
green
2 sentences2025To defeat a claim based on the defense of laches, a defendant must first show a “lack of diligence by the party asserting the claim, [which] encompasses the plaintiff's delay in bringing the action while having notice or knowledge of defendant’s conduct and the opportunity to file suit.” Tillman v. Pritzker, 2021 IL 126387, ¶ 26 . 2024Whereas a statute of limitations bars a claim based solely on the expiration of a set period of time, laches turns on “the inequity of permitting the claim to be enforced” based on a “change in the condition or relation of the property and parties.” (Internal quotation marks omitted.) Id. | 2 | 2024–2025 |
Brunotte v. Dewitt
green
2 sentences1979(Curtis v. Curtis, 398 Ill. 442, 447 ; Brunotte v. DeWitt, 360 Ill. 518, 534 ; Venner v. Chicago City Railway Co., 236 Ill. 349, 368 .) Unlike limitations, laches is not a mere matter of time but principally a question of the inequity of permitting the claim to be enforced, — an inequity founded upon some change in the condition or relation of the property and the parties. 1955(Curtis v. Curtis, 398 Ill. 442, 447 ; Brunotte v. DeWitt, 360 Ill. 518, 534 ; Venner v. Chicago City Railway Co. 236 Ill. 349, 368 .) Unlike limitations, laches is not a mere matter of time but principally a question of the inequity of permitting the claim to be enforced, — an inequity founded upon some change in the condition or relation of the property and the parties. | 2 | 1955–1979 |
Venner v. Chicago City Railway Co.
green
2 sentences1979(Curtis v. Curtis, 398 Ill. 442, 447 ; Brunotte v. DeWitt, 360 Ill. 518, 534 ; Venner v. Chicago City Railway Co., 236 Ill. 349, 368 .) Unlike limitations, laches is not a mere matter of time but principally a question of the inequity of permitting the claim to be enforced, — an inequity founded upon some change in the condition or relation of the property and the parties. 1955(Curtis v. Curtis, 398 Ill. 442, 447 ; Brunotte v. DeWitt, 360 Ill. 518, 534 ; Venner v. Chicago City Railway Co. 236 Ill. 349, 368 .) Unlike limitations, laches is not a mere matter of time but principally a question of the inequity of permitting the claim to be enforced, — an inequity founded upon some change in the condition or relation of the property and the parties. | 2 | 1955–1979 |
Department of Natural Resources v. Waide
green
1 sentence2025The doctrine is “grounded in the equitable notion that courts are reluctant to come to the aid of a party who has knowingly slept on his rights to the detriment of the opposing party.” Id.; PNC Bank, National Association v. Kusmierz, 2022 IL 126606, ¶ 25 (quoting Pyle v. Ferrell, 12 Ill. 2d 547, 552 (1958)) (laches is “principally a question of the inequity of permitting the claim to be enforced, an inequity founded upon some change in the condition or relation of the property and parties, and where there is such a change as to make it inequitable to grant relief, it will be refused”). ¶ 17 “T | 1 | 2025–2025 |
Schoenbrod v. Rosenthal
green
1 sentence1979App. 2d 112 , 183 N.E.2d 188 .) “Laches ° 6 ° is not merely the passage of a given time period, but is a question of the inequity of permitting a claim to be enforced where the complainant has not been vigilant in enforcing his rights resulting in detriment to an adverse party. [Citations.] The doctrine of laches was created to promote justice, and to protect injury, and will not be applied where it will be inequitable and unjust. [Citation.] There is no absolute rule as to what constitutes laches, and whether the doctrine should be invoked is determined by the facts and circumstances of the p | 1 | 1979–1979 |
Matchett v. Rose
green
2 sentences1979App. 2d 112 , 183 N.E.2d 188 .) “Laches ° 6 ° is not merely the passage of a given time period, but is a question of the inequity of permitting a claim to be enforced where the complainant has not been vigilant in enforcing his rights resulting in detriment to an adverse party. [Citations.] The doctrine of laches was created to promote justice, and to protect injury, and will not be applied where it will be inequitable and unjust. [Citation.] There is no absolute rule as to what constitutes laches, and whether the doctrine should be invoked is determined by the facts and circumstances of the p 1979App. 3d 638, 651 , 344 N.E.2d 770, 781 . | 1 | 1979–1979 |
Bowman v. Armour & Co.
green
2 sentences1972(Bowman v. Armour and Co. (1959), 17 Ill.2d 43 ; McCartney v. McCartney (1956), 8 Ill.2d 494 .) It is, unlike the statute of limitations, not a mere matter of time but principally a question of the inequity of permitting the claim to be enforced. 1972Its existence depends on whether, under all the circumstances of a particular case, a plaintiff is chargeable with want of due diligence in failing to institute proceedings before he did. ( Bowman v. *632 Armour and Co. (1959), 17 Ill.2d 43 ; McCartney v. McCartney (1956), 8 Ill.2d 494 .) It is, unlike the statute of limitations, not a mere matter of time but principally a question of the inequity of permitting the claim to be enforced. ( McKey v. McKean (1943), 384 Ill. 112 .) Laches is, therefore, such neglect or omission to assert a right, taken in conjunction with a lapse of time and other | 1 | 1972–1972 |
Gaffney v. Harmon
green
1 sentence1958Jur., Equity, sec. 489,) and its existence depends on whether, under all circumstances of a particular case, a plaintiff is chargeable with want of due diligence in failing to institute proceedings before he did. ( McCartney v. McCartney, 8 Ill.2d 494 .) Although laches is defined by one authority as such delay in enforcing one's rights as will work to the disadvantage of another, (30 C.J.S., Equity, sec. 112,) it is, unlike limitations, not a mere matter of time but principally a question of the inequity of permitting the claim to be enforced, an inequity founded upon some change in the condi | 1 | 1958–1958 |
Oakley v. Hurlbut
neutral
1 sentence1958Jur., Equity, sec. 489,) and its existence depends on whether, under all circumstances of a particular case, a plaintiff is chargeable with want of due diligence in failing to institute proceedings before he did. ( McCartney v. McCartney, 8 Ill.2d 494 .) Although laches is defined by one authority as such delay in enforcing one's rights as will work to the disadvantage of another, (30 C.J.S., Equity, sec. 112,) it is, unlike limitations, not a mere matter of time but principally a question of the inequity of permitting the claim to be enforced, an inequity founded upon some change in the condi | 1 | 1958–1958 |
Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.
Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.