La Salle National Bank, N.A. v. City of Lake Forest

20 Citing cases

  1. Amalgamated Transit Union v. Barron

    2021 Ill. App. 200380 (Ill. App. Ct. 2021)

    "An issue is moot when its resolution could not have any practical effect on the existing controversy." LaSalle National Bank, N.A. v. City of Lake Forest, 297 Ill.App.3d 36, 43 (1998). Stated otherwise, "if an actual controversy no longer exists between the parties and the interests and rights of the parties are no longer in controversy," the issue is moot.

  2. Hanna v. the City of Chicago

    382 Ill. App. 3d 672 (Ill. App. Ct. 2008)   Cited 30 times

    Furthermore, while the case Hann a cites to, Cohan, characterizes the showing required of a defendant as a "burden" ( Cohan, 266 Ill. App. 3d at 629), case law illustrates that the task is not a difficult one. Rather than proving a negative β€” that it is "absolutely clear that [the allegedly unlawful] behavior could not reasonably be expected to recur" ( Cohan, 266 Ill. App. 3d at 629) β€” it is enough for a public defendant to show that there is no basis for concluding it will "`return to [its] old tricks once the coast is clear.'" La Salle National Bank, NA. v. City of Lake Forest, 297 Ill. App. 3d 36, 45 (1998), quoting Magnuson v. City of Hickory Hills, 933 F.2d 562, 565 (7th Cir. 1991). It has been said that "[w]hen the defendants are public officials *** greater stock [is placed] in their acts of self-correction, so long as they appear genuine" ( Magnuson, 933 F.2d at 565), and we read this statement to apply equally to the current municipal defendant. The City has made the necessary showing.

  3. Adkins Energy, LLC v. Delta-T Corp.

    347 Ill. App. 3d 373 (Ill. App. Ct. 2004)   Cited 35 times
    In Adkins Energy, 347 Ill. App. 3d at 381, this court found the circuit court did not abuse its discretion in staying discovery "until it ruled on the motion to dismiss, because if a cause of action had not been stated, discovery would have been unnecessary."

    Appellate jurisdiction is based upon the existence of a real controversy, and this court will dismiss an appeal involving only moot questions. La Salle National Bank, N.A. v. City of Lake Forest, 297 Ill. App. 3d 36, 42-43 (1998). An issue is moot if the interests and rights of the parties are no longer in controversy and the resolution of the issue will have no practical effect.

  4. Chicorp, Inc. v. Bower

    336 Ill. App. 3d 132 (Ill. App. Ct. 2002)   Cited 11 times
    In ChiCorp, for example, the plaintiff filed suit against the Illinois Department of Revenue seeking income taxes and interest paid under protest and an order stating that the statute which required these payments was unconstitutional.

    "An issue is moot when its resolution could not have any practical effect on the existing controversy." La Salle National Bank, N.A., v. City of Lake Forest, 297 Ill. App. 3d 36, 43 (1998). In other words, "if an actual controversy no longer exists between the parties and the interests and rights of the parties are no longer in controversy," the issue is moot. La Salle National Bank, 297 Ill. App. 3d at 43.

  5. Svendsen v. Ill. Dep't of Pub. Health

    22-cv-1269-JES-JEH (C.D. Ill. Feb. 2, 2023)

    . See LaSalle Nat. Bank, N.A. v. City of Lake Forest, 696 N.E.2d 1222, 1227 (Ill.App.Ct. 2d Dist. 1998) (noting, β€œan issue is moot if an actual controversy no longer exists between the parties and the interests and rights of the parties are no longer in controversy.”) (citing Indlecoffer v. Village of Wadsworth, 282 Ill.App.3d 933, 938-39).

  6. Feeney v. Civil Serv. Bd. of the Metro. Water Reclamation Dist. of Greater Chi.

    2023 Ill. App. 220889 (Ill. App. Ct. 2023)

    ΒΆ 40 "An issue is moot when its resolution could not have any practical effect on the existing controversy" (LaSalle National Bank, N.A. v. City of Lake Forest, 297 Ill.App.3d 36, 43 (1998) (citing Midwest Central Education Association, IEA-NEA v. Illinois Educational Labor Relations Board, 277 Ill.App.3d 440, 448 (1995))) or when "an actual controversy no longer exists between the parties and the interests and rights of the parties are no longer in controversy" (Id. (citing Indlecoffer v. Village of Wadsworth, 282 Ill.App.3d 933, 938-39 (1996))). Although the suspension that the Board imposed appears to extend beyond the date of its original decision, the suspension has long since concluded, and the District has corrected the practical effect of the Board's error by paying Feeney the amount that he would have earned during the unauthorized portion of the suspension.

  7. Kristen B. v. The Dep't of Children & Family Servs.

    2022 Ill. App. 200754 (Ill. App. Ct. 2022)   Cited 4 times

    (Internal quotation marks omitted.) Hanna v. City of Chicago, 382 Ill.App.3d 672, 680 (2008) (quoting La Salle National Bank, N.A. v. City of Lake Forest, 297 Ill.App.3d 36, 45 (1998)). "[G]reater stock [is placed] in [public officials'] acts of self-correction, so long as they appear genuine."

  8. Cont'l Cas. Co. v. Hennessy Indus., Inc.

    2019 Ill. App. 180183 (Ill. App. Ct. 2019)

    Certainly, if the underlying claims did, in fact, constitute only a single occurrence under the policies, then the issue of the annual aggregate limits would be moot. See LaSalle National Bank, N.A. v. City of Lake Forest , 297 Ill. App. 3d 36, 43, 231 Ill.Dec. 651, 696 N.E.2d 1222 (1998) ("An issue is moot when its resolution could not have any practical effect on the existing controversy."). Because, however, we have concluded that the underlying claims constitute multiple occurrences, the issue of the number of annual aggregate limits available under the American Home policy is no longer moot.

  9. Alderson v. Weinstein

    2018 Ill. App. 2d 170498 (Ill. App. Ct. 2018)   Cited 4 times

    As we have explained before, when the defendant is a public official, "greater stock is placed in their acts of self-correction, as long as they appear genuine." LaSalle National Bank, N.A. v. City of Lake Forest , 297 Ill. App. 3d 36, 45, 231 Ill.Dec. 651, 696 N.E.2d 1222 (1998). In this case, Weinstein's actions, as recounted in her affidavit, seem sincere enough, and we take her at her word.

  10. Cronin v. Millar

    2016 Ill. App. 140552 (Ill. App. Ct. 2016)

    "An issue is moot when its resolution could not have any practical effect on the existing controversy." LaSalle National Bank, N.A. v. City of Lake Forest, 297 Ill. App. 3d 36, 43 (1998).ΒΆ 13 Here, the defendants contend that the plaintiffs' failure to challenge the village council's decision denying their requests to rezone the lots and vacate the subject right-of-ways renders the present appeal moot because without these conditions being satisfied, it is impossible for our court to grant the relief that will allow plaintiffs to develop the subdivision.