Legal Opinion · Dissent

Launius v. Board of Fire & Police Commissioners

Appellate Court of Illinois

Decided March 18, 1991No. 1—89—2577Published

1DissentJustice Campbell

I respectfully dissent for two reasons. First, the findings of the Board in regard to whether an emergency existed on August 14, 1987, are not against the manifest weight of the evidence.

Findings and conclusions of an administrative agency on questions of fact are to be held prima facie true and correct. (Ill. Rev. Stat. 1987, ch. 110, par. 3—110.) Where an opposite conclusion is not clearly evident, the decision cannot be reversed; that an opposite conclusion might be reasonable is not sufficient. (Kvidera v. Board of Fire & Police Commissioners (1989), 192 Ill. App. 3d 950, 960, 549 N.E.2d…

2Cases cited15 opinions

  1. Coursey v. Board Fire & Police Com'rs of SkokieAppellate Court of Illinois · 1967
  2. Zinser v. Board of Fire & Police CommissionersAppellate Court of Illinois · 1961
  3. Keen v. POLICE BD. OF CITY OF CHICAGOAppellate Court of Illinois · 1979
  4. Kloss v. Board of Fire & Police CommissionersIllinois Supreme Court · 1983
  5. Phillips v. HallAppellate Court of Illinois · 1983

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