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In re Estate of Schlenker

209 Ill. 2d 456 (Ill. 2004)
In re Estate of Schlenker

80 Citing cases

  1. Struever v. Herron (In re Estate of Schumann)

    2016 Ill. App. 4th 150844 (Ill. App. Ct. 2016)   Cited 9 times

    The Struevers claimed that Pete lacked the capacity to execute the 2007 will and that Herren exerted undue influence over Pete in creating it. The Struevers further asserted that Pete executed a valid will and trust in 2002, which would benefit the Struevers.¶ 2 Herren moved to dismiss the Struevers' will contest, arguing that under the supreme court's decision in In re Estate of Schlenker, 209 Ill.2d 456, 283 Ill.Dec. 707, 808 N.E.2d 995 (2004), the Struevers lacked standing. The trial court agreed and dismissed the Struevers' petition.

  2. Kelton v. Miller (In re Estate of Lay)

    2018 Ill. App. 3d 170378 (Ill. App. Ct. 2018)   Cited 7 times

    Our review is de novo . In re Estate of Schlenker , 209 Ill. 2d 456, 461, 283 Ill.Dec. 707, 808 N.E.2d 995 (2004). ¶ 12 In relevant part, section 2-619 of the Code allows a defendant to file a motion for involuntary dismissal based on an allegation "[t]hat the claim asserted * * * is barred by other affirmative matter avoiding the legal effect of or defeating the claim."

  3. Cashner v. Speed Lube, LLC

    2017 Ill. App. 5th 150437 (Ill. App. Ct. 2017)

    ¶ 8 The issue on appeal is whether the circuit court erred by dismissing counts II and III of Cashner's complaint. "An order granting a motion to dismiss based on lack of standing presents a question of law which we review de novo." In re Estate of Schlenker, 209 Ill. 2d 456, 461 (2004).¶ 9 Section 2-619(a)(9) of the Code provides that a defendant may file a motion to dismiss if "the claim asserted against defendant is barred by other affirmative matter avoiding the legal effect of or defeating the claim."

  4. Int'l Union v. Ill. Dept. Emp. Security

    215 Ill. 2d 37 (Ill. 2005)   Cited 52 times
    Identifying 24 states that have adopted associational standing with some version of the Hunt test

    Affirmative matter is "something in the nature of a defense that negates the cause of action completely or refutes crucial conclusions of law or conclusions of material fact contained in or inferred from the complaint." In re Estate of Schlenker, 209 Ill. 2d 456, 461 (2004); Illinois Graphics Co. v. Nickum, 159 Ill. 2d 469, 486 (1994). "Our precedent makes clear that lack of standing qualifies as `affirmative matter' within the meaning of section 2-619(a)(9) and may properly be challenged through a motion to dismiss under that statute."

  5. Berveiler v. Fifth Third Bank (In re Mivelaz)

    2021 Ill. App. 200494 (Ill. App. Ct. 2021)

    Lack of standing constitutes an "affirmative matter" that can be asserted under section 2-619(a)(9). In re Estate of Schlenker , 209 Ill. 2d 456, 461, 283 Ill.Dec. 707, 808 N.E.2d 995 (2004).

  6. Berveiler v. Fifth Third Bank (In re Mivelaz)

    2021 Ill. App. 200494 (Ill. App. Ct. 2021)

    Lack of standing constitutes an "affirmative matter" that can be asserted under section 2-619(a)(9). In re Estate of Schlenker, 209 Ill.2d 456, 461 (2004). A plaintiff need not allege facts establishing that he has standing to proceed; rather, it is the defendant's burden to plead and prove lack of standing.

  7. Berveiler v. Fifth Third Bank (In re Mivelaz)

    2021 Ill. App. 200494 (Ill. App. Ct. 2021)

    Lack of standing constitutes an "affirmative matter" that can be asserted under section 2-619(a)(9). In re Estate of Schlenker, 209 Ill.2d 456, 461 (2004). A plaintiff need not allege facts establishing that he has standing to proceed; rather, it is the defendant's burden to plead and prove lack of standing.

  8. Hebrew Univ. of Jerusalem v. Zivin (In re Estate of Zivin)

    46 N.E.3d 902 (Ill. App. Ct. 2015)   Cited 5 times

    Lack of standing is considered an affirmative defense within the meaning of section 2–619(a)(9). In re Estate of Schlenker, 209 Ill.2d 456, 461, 283 Ill.Dec. 707, 808 N.E.2d 995, 998 (2004) ; 735 ILCS 5/2–619(a)(9) (West 2012). ¶ 14 Standing is a doctrine that requires a plaintiff to have some real interest in his or her cause of action, or a legal or equitable right, title or interest in the subject matter of the controversy.

  9. Hebrew Univ. of Jerusalem v. Zivin (In re Estate of Zivin)

    2015 Ill. App. 150606 (Ill. App. Ct. 2015)   Cited 16 times

    Lack of standing is considered an affirmative defense within the meaning of section 2-619(a)(9). In re Estate of Schlenker, 209 Ill. 2d 456, 461, 808 N.E.2d 995, 998 (2004); 735 ILCS 5/2-619(a)(9) (West 2012). ¶ 14 Standing is a doctrine that requires a plaintiff to have some real interest in his or her cause of action, or a legal or equitable right, title or interest in the subject matter of the controversy. 59 Am. Jur. 2d Parties §§ 26-29 (2015).

  10. Friends for Murray Ctr. Inc. v. Dep't of Human Servs.

    2014 Ill. App. 5th 130481 (Ill. App. Ct. 2014)   Cited 4 times

    ¶ 15 In Illinois, a plaintiff need not allege facts to establish standing; it is defendant's burden to prove lack of standing. In re Estate of Schlenker, 209 Ill.2d 456, 461, 283 Ill.Dec. 707, 808 N.E.2d 995, 998 (2004). Where, as here, standing is challenged in a motion to dismiss under section 2–619, a court is required to accept as true all well-pleaded facts in the complaint and all inferences that can reasonably drawn in the plaintiff's favor, and the motion should only be granted if the plaintiff can prove no set of facts that would support a cause of action.