The State of Illinois filed a petition claiming parents neglected their child, N.C., and asking to have the State bcome N.C.’s guardian. Alfred had acknowledged he was N.C.’s father. But a DNA test proved otherwise, so the State asked the trial court to dismiss Alfred, which it did. The trial…
Articles Posted in Appellate Standing
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…
Sierra Club Appeal Of Delisted Contaminant Dismissed For Lack Of Standing
The Peoria Disposal Co. had a permit from the Illinois Environmental Protection Agency to operate a storage and treatment site for hazardous waste. The company asked the Illinois Pollution Control Board to delist (exclude from regulation) electric arc furnace dust. After a public hearing, the Board ordered the furnace dust…
Naming Wrong Party In Notice Of Appeal Does Not Defeat Appeal By Estate’s Executor And Lawyer
David Hammer was executor of Ronald Weeks’s estate. Hammer hired Thomas Brucker as an attorney to assist in the administration of the estate. Hammer ($120,000) and Brucker ($170,000) paid themselves based on a percentage of the estate’s value. Weeks left one-fourth of his estate to a New York-based charity. The…
Victory On Petition Before Labor Board Dooms Union’s Appeal Of Board’s Rationale
A police labor union wanted to be the exclusive representative of “all aviation security sergeants employed by the City of Chicago.” Chicago objected, so the union filed a petition in the Illinois Labor Relations Board. The Board granted the union’s petition. But the union was not completely satisfied because the…
Declaratory Judgment Sufficient To Establish Appellate Standing
The Dunns sued Lawrence Patterson, their lawyer, claiming estate documents Patterson drafted contained certain provisions that were void because they were against public policy. After the Dunns won a declaratory judgment in the trial court, Patterson appealed. The Dunns argued that Patterson did not have standing to appeal the declaratory…
No Standing To Appeal Order Allowing Estate To Re-Write Will
Richard Henry, then 89 years old, signed a will in 2004 that overrode all of his previous wills and codicils. The 2004 will left a substantial part of Henry’s estate to Peter Wemple and Mick Zawierucha. Henry’s prior will did not. Wemple was named executor of the 2004 will; Zawierucha…
No Appellate Standing For Knox County Employees Being Investigated; Appellate Court Lacks Supervisory Authority To Order A Special Prosecutor On Remand
This lawsuit grows from a political fight in Knox County, Illinois. After he took office as Knox County State’s Attorney, John Pepmeyer began an investigation into “improprieties” by current and former county employees of the county state’s attorney’s and sheriff’s offices. Two Assistant State’s Attorneys, Dean Stone and Michael Kraycinovich,…
Parents Can Appeal Petition To Adjudicate Wardship; Opposing Brief Not Necessary For Court To Rule
Z.L., a minor who had been adopted as an infant, had reactive attachment disorder. The disorder apparently did not manifest until a few years after his adoption, when Z.L. became disruptive in the household. The State filed a petition to adjudicate wardship, with the intent to place Z.L. in a…
First District Illinois Appellate Court Says Coadministrator Of Estate Cannot Appeal As An Individual
This wrongful death and survival action was filed on behalf of the estate of Rashidi Walker. Rashidi died during football practice at Northwestern University. His mother, Linda, and his father, George Wheeler, Jr., were coadministrators of Rashidi’s estate. After lengthy litigation, the trial court approved a settlement of $16 million.…