Oak Grove Jubilee Center, Inc. v. City of Genoa, No. 96422.

CourtSupreme Court of Illinois
Citation277 Ill.Dec. 693,205 Ill.2d 589,796 N.E.2d 1059
Docket NumberNo. 96422.
PartiesOAK GROVE JUBILEE CENTER, INC., respondent, v. The CITY OF GENOA, petitioner.
Decision Date07 October 2003

796 N.E.2d 1059
205 Ill.2d 589
277 Ill.Dec.
693

OAK GROVE JUBILEE CENTER, INC., respondent,
v.
The CITY OF GENOA, petitioner.

No. 96422.

Supreme Court of Illinois.

October 7, 2003.


In the exercise of this Court's supervisory authority, the Appellate Court, Second District, is directed to vacate its judgment in Oak Grove Jubilee Center v. The City of Genoa, case No. 2-01-0938. The appellate court is directed to permit the parties to submit supplemental briefs addressing the issue of People ex rel. Klaeren v. Village of Lisle, 202 Ill.2d 164, 269 Ill.Dec. 426, 781 N.E.2d 223 (2002), retroactive or prospective application. Upon reconsideration of its judgment, if the appellate court intends to apply the test in Bogseth v. Emanuel, 166 Ill.2d 507, 515, 211 Ill.Dec. 505, 655 N.E.2d 888 (1995), to determine whether or not this Court's decisions are subject to retroactive or prospective application, the appellate court must consider the full test applied in Bogseth and not limit its consideration to the balance of the equities.

To continue reading

Request your trial
3 practice notes
  • Oak Grove Jubilee Center, Inc. v. City of Genoa, 2-01-0938.
    • United States
    • United States Appellate Court of Illinois
    • April 20, 2004
    ...test applied in Bogseth and not limit its consideration to the balance of the equities." Oak Grove Jubilee Center, Inc. v. City of Genoa, 205 Ill.2d 589, 589-90, 277 Ill.Dec. 693, 796 N.E.2d 1059 (2003). Having done so, we again conclude that, on the facts before us, Klaeren should be limit......
  • Oak Grove Jubilee Center, Inc. v. City of Genoa, No. 2-01-0938 (Ill. App. 4/21/2004), 2-01-0938
    • United States
    • United States Appellate Court of Illinois
    • April 21, 2004
    ...applied in Bogseth and not limit its consideration to the balance of the equities." Oak Grove Jubilee Center, Inc. v. City of Genoa, 205 Ill. 2d 589, 589-90 (2003). Having done so, we again conclude that, on the facts before us, Klaeren should be limited to prospective application in this c......
  • People v. Brown, 96447.
    • United States
    • Supreme Court of Illinois
    • October 7, 2003
    ...796 N.E.2d 1059205 Ill.2d 595277 Ill.Dec. 693PEOPLE State of Illinois, Georgia BROWN, petitioner. No. 96447. Supreme Court of Illinois. October 7, 2003. In the exercise of this Court's supervisory authority, and in light of People v. Morgan, 203 Ill.2d 470, 272 Ill.Dec. 160, 786 N.E.2d 994 ......
3 cases
  • Oak Grove Jubilee Center, Inc. v. City of Genoa, 2-01-0938.
    • United States
    • United States Appellate Court of Illinois
    • April 20, 2004
    ...test applied in Bogseth and not limit its consideration to the balance of the equities." Oak Grove Jubilee Center, Inc. v. City of Genoa, 205 Ill.2d 589, 589-90, 277 Ill.Dec. 693, 796 N.E.2d 1059 (2003). Having done so, we again conclude that, on the facts before us, Klaeren should be limit......
  • Oak Grove Jubilee Center, Inc. v. City of Genoa, No. 2-01-0938 (Ill. App. 4/21/2004), 2-01-0938
    • United States
    • United States Appellate Court of Illinois
    • April 21, 2004
    ...applied in Bogseth and not limit its consideration to the balance of the equities." Oak Grove Jubilee Center, Inc. v. City of Genoa, 205 Ill. 2d 589, 589-90 (2003). Having done so, we again conclude that, on the facts before us, Klaeren should be limited to prospective application in this c......
  • People v. Brown, 96447.
    • United States
    • Supreme Court of Illinois
    • October 7, 2003
    ...796 N.E.2d 1059205 Ill.2d 595277 Ill.Dec. 693PEOPLE State of Illinois, Georgia BROWN, petitioner. No. 96447. Supreme Court of Illinois. October 7, 2003. In the exercise of this Court's supervisory authority, and in light of People v. Morgan, 203 Ill.2d 470, 272 Ill.Dec. 160, 786 N.E.2d 994 ......

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT