Village motion (Illinois) · Go Syfert
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Village motion in Illinois

57 Illinois opinions name it 2 courts 1951–2026 11 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.

Followed or applied (25)

CaseFollowedCited
County of Kankakee v. Pollution Control Boardgreen
illappct · 2010 · cited in 3 Illinois opinions naming this issue, 2018–2019
2 sentences

2019See Town & Country Utilities, Inc., 225 Ill. 2d at 121-23 ; see also County of Kankakee, 396 Ill.

2019See Town & Country Utilities, Inc., 225 Ill. 2d at 121-23 ; see also County of Kankakee, 396 Ill.

33
Town & Country Utilities, Inc. v. Illinois Pollution Control Boardgreen
ill · 2007 · cited in 3 Illinois opinions naming this issue, 2018–2019
2 sentences

2019See Town & Country Utilities, Inc., 225 Ill. 2d at 121-23 ; see also County of Kankakee, 396 Ill.

2019See Town & Country Utilities, Inc., 225 Ill. 2d at 121-23 ; see also County of Kankakee, 396 Ill.

33
Best v. Bestgreen
ill · 2006 · cited in 3 Illinois opinions naming this issue, 2018–2019
2 sentences

2019See Best v. Best, 223 Ill. 2d 342, 348-50 (2006). ¶ 101 I recognize the 40-page decision of the Pollution Board contains a lengthy recitation of the arguments based on each party’s perspective of the evidence presented to the Village hearing officer before the Village Board rejected the hearing officer’s recommendations.

2019See Best v. Best, 223 Ill. 2d 342, 348-50 (2006). ¶ 101 I recognize the 40-page decision of the Pollution Board contains a lengthy recitation of the arguments based on each party’s perspective of the evidence presented to the Village hearing officer before the Village Board rejected the hearing officer’s recommendations.

33
Archer Daniels Midland Co. v. Barthgreen
ill · 1984 · cited in 3 Illinois opinions naming this issue, 2017–2018
2 sentences

2018Archer Daniels Midland Co. v. Barth, 103 Ill. 2d 536, 539 (1984).

2017Archer Daniels Midland Co. v. Barth , 103 Ill. 2d 536 , 539, 83 Ill.Dec. 332 , 470 N.E.2d 290 (1984).

23
Wabash County v. Illinois Municipal Retirement Fundgreen
illappct · 2011 · cited in 2 Illinois opinions naming this issue, 2014–2014
2 sentences

2014See Wabash County v. Illinois Municipal Retirement Fund, 408 Ill.

2014See Wabash County v. Illinois Municipal Retirement Fund, 408 Ill.

22
People v. Vincentgreen
ill · 2007 · cited in 2 Illinois opinions naming this issue, 2011–2011
2 sentences

2011See People v. Vincent, 226 Ill.2d 1, 14-17 , 312 Ill.Dec. 617 , 871 N.E.2d 17 (2007) (discussing why the de novo standard of review is applicable to dismissals and judgments on the pleadings in section 2-1401 proceedings). ¶ 15 Turning to the parties' arguments, we see that the Village's brief implies at times that we should presume the judgment to be valid against everyone with a claim—effectively, valid against the world.

2011See People v. Vincent, 226 Ill.2d 1, 14-17 , 312 Ill.Dec. 617 , 871 N.E.2d 17 (2007) (discussing why the de novo standard of review is applicable to dismissals and judgments on the pleadings in section 2-1401 proceedings). ¶ 15 Turning to the parties' arguments, we see that the Village's brief implies at times that we should presume the judgment to be valid against everyone with a claim—effectively, valid against the world.

22
People v. Hicksgreen
illappct · 1989 · cited in 2 Illinois opinions naming this issue, 2008–2008
2 sentences

2008See Hicks, 183 Ill.App.3d at 641-42 , 132 Ill.Dec. 193 , 539 N.E.2d 756 ; Walter, 90 Ill.App.3d at 688 , 46 Ill.Dec. 102 , 413 N.E.2d 542 .

2008See Hicks, 183 Ill.

22
Fireman's Fund Ins. Co. v. SEC Donohue, Inc.green
ill · 1997 · cited in 2 Illinois opinions naming this issue, 2001–2001
2 sentences

2001See Fireman's Fund Insurance Co. v. SEC Donohue, Inc., 176 Ill.2d 160, 161 , 223 Ill.Dec. 424 , 679 N.E.2d 1197 (1997).

2001See Fireman’s Fund Insurance Co. v. SEC Donohue, Inc., 176 Ill. 2d 160, 161 (1997).

22
Plote, Inc. v. Minnesota Alden Co.yellow
illappct · 1981 · cited in 2 Illinois opinions naming this issue, 2012–2012
2 sentences

2012In Plote, Inc. v. Minnesota Alden Co., 96 Ill.App.3d 1001, 1002 , 52 Ill.Dec. 550 , 422 N.E.2d 231 (1981), the developer, Minnesota Alden, sought to enjoin the Village of Schaumburg from seeking sums purportedly due under the terms of an ordinance involving the developer's PUD.

2012In Plote, Inc. v. Minnesota Alden Co., 96 Ill.App.3d 1001, 1002 , 52 Ill.Dec. 550 , 422 N.E.2d 231 (1981), the developer, Minnesota Alden, sought to enjoin the Village of Schaumburg from seeking sums purportedly due under the terms of an ordinance involving the developer's PUD.

12
Illinois Graphics Co. v. Nickumgreen
ill · 1994 · cited in 1 Illinois opinions naming this issue, 2026–2026
1 sentence

2026While it is considered best practice for a lawyer to clearly specify whether a motion to dismiss is brought under section 2-615 or section 2-619, “the failure to do so may not always be fatal, but reversal is required if prejudice results to the nonmovant.” Illinois Graphics Co. v. Nickum, 159 Ill. 2d 469, 484 (1994).

11
Orlak v. Loyola University Health Systemgreen
ill · 2007 · cited in 1 Illinois opinions naming this issue, 2026–2026
1 sentence

2026Orlak v. Loyola University Health System, 228 Ill. 2d 1, 7 (2007). ¶ 14 JPTS argues that the Village’s motion should have been rejected for failing to separately label each subpart under sections 2-615 or 2-619.

11
Ittersagen v. Advocate Health and Hospitals Corp.green
ill · 2021 · cited in 1 Illinois opinions naming this issue, 2024–2024
1 sentence

2024See Ittersagen v. Advocate Health & Hospitals Corp., 2021 IL 126507, ¶ 37 . ¶ 60 A. The Parties’ Cross Motions for Summary Judgment ¶ 61 Defendants argue the circuit court erred in granting the Village’s motion for summary judgment, because there was a question of material fact on the issue of excusable delay.

11
DeSMET EX REL. v. County of Rock Islandgreen
ill · 2006 · cited in 1 Illinois opinions naming this issue, 2024–2024
1 sentence

2024As the Supreme Court explained in Kentucky v. Graham, 473 U.S. 159 (1985), “[p]ersonal-capacity suits seek to impose personal liability upon a government official for actions he takes under color - 32 - No. 1-23-0139 of state law. [Citation.] Official-capacity suits, in contrast, ‘generally represent only another way of pleading an action against an entity of which [a government official] is an agent.’ ” Id. at 165 (quoting Monell v. Department of Social Services of New York, 436 U.S. 658 , 690 n.55 (1978)); see Doe v. Calumet City, 161 Ill. 2d 374, 400 (1994), overruled on other grounds by De

11
Doe v. Calumet Citygreen
ill · 1994 · cited in 1 Illinois opinions naming this issue, 2024–2024
1 sentence

2024As the Supreme Court explained in Kentucky v. Graham, 473 U.S. 159 (1985), “[p]ersonal-capacity suits seek to impose personal liability upon a government official for actions he takes under color - 32 - No. 1-23-0139 of state law. [Citation.] Official-capacity suits, in contrast, ‘generally represent only another way of pleading an action against an entity of which [a government official] is an agent.’ ” Id. at 165 (quoting Monell v. Department of Social Services of New York, 436 U.S. 658 , 690 n.55 (1978)); see Doe v. Calumet City, 161 Ill. 2d 374, 400 (1994), overruled on other grounds by De

11
Marsh v. Evangelical Covenant Churchgreen
ill · 1990 · cited in 1 Illinois opinions naming this issue, 2024–2024
1 sentence

2024Marsh v. Evangelical Covenant Church of Hinsdale, 138 Ill. 2d 458, 469 (1990). ¶ 19 Here, the circuit court held a hearing on the Village’s motion to dismiss on July 5, 2023, took the matter under advisement, and set it for “status on ruling.” At a subsequent hearing, the court stated its intent to enter a written opinion disposing of the motion and each time set the matter for status on ruling.

11
Illinois Environmental Protection Agency v. Illinois Pollution Control Boardgreen
illappct · 2008 · cited in 1 Illinois opinions naming this issue, 2024–2024
1 sentence

2024“The applicable standard of review for rulings on discovery issues is the abuse of discretion standard.” Illinois Environmental Protection Agency v. Illinois Pollution Control Board, 386 Ill.

11
Heastie v. Robertsgreen
ill · 2007 · cited in 1 Illinois opinions naming this issue, 2023–2023
1 sentence

2023See 735 ILCS 5/2-615 (West 2022); Heastie v. Roberts, 226 Ill. 2d 515, 531 (2007).

11
Geelan v. City of Kankakeegreen
illappct · 1992 · cited in 1 Illinois opinions naming this issue, 2020–2020
11
Viirre v. Zayre Stores, Inc.green
illappct · 1991 · cited in 1 Illinois opinions naming this issue, 2019–2019
11
Estate of Brittin v. McCarthygreen
illappct · 1993 · cited in 1 Illinois opinions naming this issue, 2019–2019
11
Thompson v. Gordongreen
ill · 2011 · cited in 1 Illinois opinions naming this issue, 2013–2013
11
People v. Vincentgreen
ill · 2007 · cited in 1 Illinois opinions naming this issue, 2011–2011
11
Village of Roselle v. Commonwealth Edison Co.green
illappct · 2006 · cited in 1 Illinois opinions naming this issue, 2010–2010
11
City of Aurora v. Navargreen
illappct · 1991 · cited in 1 Illinois opinions naming this issue, 2003–2003
11
Clifton-Fine Central School Board of Education v. Wisnergreen
nyappdiv · 1977 · cited in 1 Illinois opinions naming this issue, 1981–1981
11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Illinois. Read the followed side critically anyway.

Also cited on this issue (39)

CaseCitedYears
Rayner Covering Systems, Inc. v. Danvers Farmers Elevator Co. green
illappct · 1992
2 sentences

2020It further states that the entity “shall not be liable for injury unless it is proven that it has actual or constructive notice of the existence of such a condition that is not reasonably safe in reasonably adequate time prior to an injury to have taken measures to remedy or protect against such condition.” Id.

2019It further states that the entity “shall not be liable for injury unless it is proven that it has actual or constructive notice of the existence of such a condition that is not reasonably safe in reasonably adequate time prior to an injury to have taken measures to remedy or protect against such condition.” Id.

22019–2020
Richter v. Village of Oak Brook green
illappct · 2011
2 sentences

2014Richter, 2011 IL App (2d) 100114, ¶ 24 . ¶ 24 We agree with the Village that our analysis and holding in Richter regarding section 10(b) of the Act are not relevant here, because the Village conceded that element.

2014Richter, 2011 IL App (2d) 100114, ¶ 24 . -9- 2014 IL App (2d) 130823 ¶ 24 We agree with the Village that our analysis and holding in Richter regarding section 10(b) of the Act are not relevant here, because the Village conceded that element.

22014–2014
Waukegan Port District v. of Proposed Village of Beach Park green
illappct · 1987
2 sentences

1988The trial court struck the objections and denied intervention, finding that "there was no provision for objections or intervention made by the legislature in a proceeding for incorporation of a village and that the hearing of the petition was ex parte. " ( Beach Park, 158 Ill.

1988The trial court struck the objections and denied intervention, finding that “there was no provision for objections or intervention made by the legislature in a proceeding for incorporation of a village and that the hearing of the petition was ex parte.” (Beach Park, 158 Ill.

21988–1988
Kennedy v. City of Chicago green
illappct · 2022
1 sentence

2026Kennedy v. City of Chicago, 2022 IL App (1st) 210492, ¶ 16 . ¶ 11 A. The Combined Motion to Dismiss ¶ 12 Initially, JPTS argues that reversal is necessary because the Village’s motion to dismiss did not properly designate the components of its combined motion to dismiss.

12026–2026
Rocha v. FedEx Corp. green
illappct · 2021
1 sentence

2024“Before a pronouncement should be taken as the judgment, it must be clear that it was intended as such and not merely an announcement of the opinion of the court or an indication of what the judgment is going to be.” (Internal quotation marks omitted.) Rocha v. FedEx Corporation, 2020 IL App (1st) 190041, ¶ 60 .

12024–2024
Monell v. New York City Dept. of Social Servs. green
scotus · 1978
1 sentence

2024As the Supreme Court explained in Kentucky v. Graham, 473 U.S. 159 (1985), “[p]ersonal-capacity suits seek to impose personal liability upon a government official for actions he takes under color - 32 - No. 1-23-0139 of state law. [Citation.] Official-capacity suits, in contrast, ‘generally represent only another way of pleading an action against an entity of which [a government official] is an agent.’ ” Id. at 165 (quoting Monell v. Department of Social Services of New York, 436 U.S. 658 , 690 n.55 (1978)); see Doe v. Calumet City, 161 Ill. 2d 374, 400 (1994), overruled on other grounds by De

12024–2024
Snyder v. Curran Township green
ill · 1995
1 sentence

2024“Unless an immunity provision applies, municipalities are liable in tort to the same extent as private parties.” Id. at 368–69. ¶ 23 The Village’s immunity defense arises from two related sections of the Immunity Act.

12024–2024
Kentucky v. Graham green
scotus · 1985
2 sentences

2024As the Supreme Court explained in Kentucky v. Graham, 473 U.S. 159 (1985), “[p]ersonal-capacity suits seek to impose personal liability upon a government official for actions he takes under color - 32 - No. 1-23-0139 of state law. [Citation.] Official-capacity suits, in contrast, ‘generally represent only another way of pleading an action against an entity of which [a government official] is an agent.’ ” Id. at 165 (quoting Monell v. Department of Social Services of New York, 436 U.S. 658 , 690 n.55 (1978)); see Doe v. Calumet City, 161 Ill. 2d 374, 400 (1994), overruled on other grounds by De

2024As the Supreme Court explained in Kentucky v. Graham, 473 U.S. 159 (1985), “[p]ersonal-capacity suits seek to impose personal liability upon a government official for actions he takes under color - 32 - No. 1-23-0139 of state law. [Citation.] Official-capacity suits, in contrast, ‘generally represent only another way of pleading an action against an entity of which [a government official] is an agent.’ ” Id. at 165 (quoting Monell v. Department of Social Services of New York, 436 U.S. 658 , 690 n.55 (1978)); see Doe v. Calumet City, 161 Ill. 2d 374, 400 (1994), overruled on other grounds by De

12024–2024
Alan Josephsen Co., Inc. v. Village of Mundelein green
illappct · 2024
1 sentence

2024CONCLUSION ¶ 32 For the foregoing reasons, the decision of the Village’s hearing officer is affirmed. ¶ 33 Affirmed. 14 No. 1-23-0641 Alan Josephsen Co. v. Village of Mundelein, 2024 IL App (1st) 230641 Decision Under Review: Appeal from the Circuit Court of Cook County, No. 2021-CH- 05777; the Hon.

12024–2024
State Farm Mutual Automobile Insurance Co. v. Progressive Northern Insurance Co. green
illappct · 2015
1 sentence

2024“The purpose of a motion to reconsider is to bring to a court's attention: (1) newly discovered evidence; (2) changes in the law; or (3) errors in the court's previous application of existing law.” State Farm Mutual Automobile Insurance Co. v. Progressive Northern Insurance Co., 2015 IL App (1st) 140447, ¶ 68 .

12024–2024
Raintree Homes, Inc. v. Village of Long Grove green
ill · 2004
1 sentence

2023Raintree Homes, 209 Ill. 2d at 261 .

12023–2023
HPI Health Care Services, Inc. v. Mt. Vernon Hospital, Inc. green
ill · 1989
2 sentences

2023In fact, the combined allegations and inferences established that the Village defendants learned of the relevant provisions of the lease and took action to stop proceeding on the sales contract a short time later on advice of counsel. 7 Although the case law in Illinois on the third element of tortious interference with contract generally refers to inducement (see, e.g., HPI Health Care Services, Inc., 131 Ill. 2d at 154-55 ), the Restatement recognizes that there are other forms of interference that may satisfy the third element as well.

2023In fact, the combined allegations and inferences established that the Village defendants learned of the relevant provisions of the lease and took action to stop proceeding on the sales contract a short time later on advice of counsel. 7 Although the case law in Illinois on the third element of tortious interference with contract generally refers to inducement (see, e.g., HPI Health Care Services, Inc., 131 Ill. 2d at 154-55 ), the Restatement recognizes that there are other forms of interference that may satisfy the third element as well.

12023–2023
Robinson v. Village of Sauk Village green
ill · 2022
12022–2022
Hall v. Naper Gold Hospitality green
illappct · 2012
12022–2022
Morse v. Donati green
illappct · 2019
1 sentence

2022Morse v. Donati, 2019 IL App (2d) 180328, ¶ 16 ; Hall, 2012 IL App (2d) 111151, ¶ 9 . -8- 2022 IL App (2d) 200299-U ¶ 28 Here, we disagree with plaintiffs’ contentions that the Village’s brief violated Rule 341(h)(6).

12022–2022
Village of Hanover Park v. Board of Trustees of the Village of Hanover Park Police Pension Fund green
illappct · 2021
12021–2021
Church of Peace v. City of Rock Island green
illappct · 2005
12019–2019
Jaros v. Village of Downers Grove green
illappct · 2017
12018–2018
The Village of Vernon Hills v. Heelan green
illappct · 2014
12014–2014
People v. Walter green
illappct · 1980
12008–2008
Flournoy v. Ameritech green
illappct · 2004
12006–2006
Independent Amusements, Inc. v. Village of Milan neutral
illappct · 1952
11993–1993
Columbus Savings & Loan Ass'n v. Century Title Co. green
illappct · 1977
11991–1991
Walker v. State Board of Elections green
ill · 1976
11991–1991
Sumner Realty Co. v. Willcott green
illappct · 1986
11991–1991
E & E Hauling, Inc. v. Pollution Control Board green
ill · 1985
11990–1990
People Ex Rel. Village of Buffalo Grove v. Village of Long Grove neutral
illappct · 1988
11990–1990
Skyrise Apartments, Inc. v. City of Rockford green
illappct · 1980
11988–1988
Doran v. Cullerton green
ill · 1972
11985–1985
Wadlington v. Mindes green
ill · 1970
11985–1985
Moore v. McDaniel green
illappct · 1977
11980–1980
Stoner Mfg. Corp. v. Young Men's Christian Ass'n green
ill · 1958
11979–1979
612 North Michigan Avenue Building Corp. v. Factsystem, Inc. green
illappct · 1975
11976–1976
Cunis v. Brennan neutral
illappct · 1972
11974–1974
First Nat. Bank of Lake Forest v. County of Lake green
ill · 1955
11971–1971
Chicago Title & Trust Co. v. County of Cook neutral
illappct · 1966
11969–1969
Roche v. City of Minneapolis neutral
minn · 1947
11967–1967
City of Elmhurst v. Buettgen green
ill · 1946
11953–1953
Village of Lombard v. Illinois Bell Telephone Co. green
ill · 1950
11951–1951

Statutes the citing opinions construe

IL § 735 ILCS 5/2-1005 (9) IL § 735 ILCS 5/2-615 (6) IL § 5 ILCS 140/1 (4) IL § 735 ILCS 5/2-619 (4) IL § 735 ILCS 5/3-101 (4) IL § 415 ILCS 5/2 (3) IL § 415 ILCS 5/3.500 (3) IL § 415 ILCS 5/32 (3) IL § 415 ILCS 5/39.2 (3) IL § 735 ILCS 5/2-619.1 (3) IL § 745 ILCS 10/2-109 (3) IL § 745 ILCS 10/3-102 (3)

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.

Where else courts name it

NY 104 (1905–2026) IL 57 (1951–2026) OH 16 (2004–2026) WI 7 (1999–2025) TX 6 (2009–2023) NC 3 (1990–2002) NM 3 (1999–2016) FL 3 (2000–2018) CT 2 (2002–2004) WA 2 (1920–2014) AK 2 (1984–1984)

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.

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