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Articles Posted in Mootness

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Final divorce order supersedes and moots appeal from visitation order

The Eckersalls’ divorce included a fight over custody of their children. The couple agreed on a visitation schedule, but not on the terms and conditions of visitation. So the trial court entered a standard “Custody/Visitation Injunction Order” that in essence prevented either spouse from addressing the divorce case with the…

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Expired Suspension Moots Construction Company’s Appeal

Chester Bross Construction Company was the low bidder on a number of Illinois Department of Transportation projects. But instead of awarding Bross the work, the Department suspended Bross from competing for any Department contracts for two years. The suspension was based on a dispute over whether Bross complied with a…

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Aldermen’s Appeal Of Victorious Referendum Moot

More than 58 percent of the voters in Country Club Hills, Illinois passed a referendum that reduced the number of city aldermen from 10 to five. About three weeks later, a group of unhappy aldermen sued the county clerk. They asked the trial court for a preliminary injunction to void…

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Police Union’s Appeal Mooted By Officer’s Settlement

Melissa Ramskugler had passed Wisconsin’s requirements to qualify as a police officer, but was still in the probationary period required by the Milwaukee Board of Fire & Police Commissioners. Knee injuries prevented her from finishing probation. She was fired because her medical condition prevented her from getting through probation. Wisconsin…

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Death Of Fireman’s Widow Does Not Moot Her Appeal Of Retroactive Annuity Benefits

Michael Hooker suffered a debilitating injury while working for the Chicago Fire Department. After he died two years later, his widow, Elaine, applied to the Retirement Board of the Firemen’s Annuity and Benefit Fund for widow’s benefits. She was awarded a minimum annuity, but she felt the Board did not…

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City’s Appeal Of Nixed Land Deal With Religious School Untimely And Moot

A group of citizens sued the City of South Bend, Indiana to prevent the city from giving land to a Catholic high school. The citizens claimed that giving the high school land was a gift of property to a religious institution, and violated the U.S. Constitution’s First Amendment’s establishment clause.…

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State’s Compliance With Mental Health Code A Public-Interest Exception To Mootness Doctrine

Nicholas L. had been living at the Elmhurst Memorial Hospital for about a month when the State of Illinois filed a petition to administer electroconvulsive therapy and psychotropic medication. The trial court heard testimony on the State’s petition, then ruled in favor of the State. Nicholas appealed, arguing that the…

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Illinois Supreme Court Moots Commitment Appeal Because No “Conflict Or Disarray” In Law

A trial court ruled Benjamin Hernandez was a sexually violent person. Before he could be released from prison, the Illinois Sexually Violent Commitment Act required an outpatient facility to write a conditional release plan. The court ordered the plan to be written, but two years later, it still had not…

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Condo President’s SLAPP Defense Against Developer Not Moot

John Walsh was the president of his condominium association. Certain members of the association felt the developer committed fraud in connection with the conversion of the apartment building to a condominium. So the association sued the developer. Two companies and two individuals were involved in the condo conversion – Sixty…

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