{ "id": 4261041, "name": "CHARLES BASSETT, Plaintiff-Appellee and Cross-Appellant, v. THE PEKIN POLICE PENSION BOARD et al., Defendants-Appellants and CrossAppellees", "name_abbreviation": "Bassett v. Pekin Police Pension Board", "decision_date": "2005-11-15", "docket_number": "No. 3\u201404\u20140693", "first_page": "235", "last_page": "242", "citations": [ { "type": "official", "cite": "362 Ill. App. 3d 235" } ], "court": { "name_abbreviation": "Ill. App. Ct.", "id": 8837, "name": "Illinois Appellate Court" }, "jurisdiction": { "id": 29, "name_long": "Illinois", "name": "Ill." }, "cites_to": [ { "cite": "703 N.E.2d 484", "category": "reporters:state_regional", "reporter": "N.E.2d", "year": 1998, "opinion_index": 0 }, { "cite": "301 Ill. App. 3d 364", "category": "reporters:state", "reporter": "Ill. App. 3d", "case_ids": [ 257194 ], "year": 1998, "opinion_index": 0, "case_paths": [ "/ill-app-3d/301/0364-01" ] }, { "cite": "546 N.E.2d 520", "category": "reporters:state_regional", "reporter": "N.E.2d", "year": 1989, "opinion_index": 0 }, { "cite": "131 Ill. 2d 300", "category": "reporters:state", "reporter": "Ill. 2d", "case_ids": [ 5569566 ], "year": 1989, "opinion_index": 0, "case_paths": [ "/ill-2d/131/0300-01" ] }, { "cite": "561 N.E.2d 110", "category": "reporters:state_regional", "reporter": "N.E.2d", "opinion_index": 0 }, { "cite": "828 N.E.2d 1238", "category": "reporters:state_regional", "reporter": "N.E.2d", "year": 2005, "pin_cites": [ { "parenthetical": "firemen's widows' death benefit annuity" } ], "opinion_index": 0 }, { "cite": "357 Ill. App. 3d 749", "category": "reporters:state", "reporter": "Ill. App. 3d", "case_ids": [ 4135214 ], "year": 2005, "pin_cites": [ { "parenthetical": "firemen's widows' death benefit annuity" } ], "opinion_index": 0, "case_paths": [ "/ill-app-3d/357/0749-01" ] }, { "cite": "772 N.E.2d 289", "category": "reporters:state_regional", "reporter": "N.E.2d", "year": 2002, "pin_cites": [ { "parenthetical": "police disability pension" } ], "opinion_index": 0 }, { "cite": "331 Ill. App. 3d 975", "category": "reporters:state", "reporter": "Ill. App. 3d", "case_ids": [ 1209183 ], "year": 2002, "pin_cites": [ { "parenthetical": "police disability pension" } ], "opinion_index": 0, "case_paths": [ "/ill-app-3d/331/0975-01" ] }, { "cite": "630 N.E.2d 446", "category": "reporters:state_regional", "reporter": "N.E.2d", "year": 1993, "pin_cites": [ { "parenthetical": "police disability pension" } ], "opinion_index": 0 }, { "cite": "256 Ill. App. 3d 814", "category": "reporters:state", "reporter": "Ill. App. 3d", "case_ids": [ 5385223 ], "year": 1993, "pin_cites": [ { "parenthetical": "police disability pension" } ], "opinion_index": 0, "case_paths": [ "/ill-app-3d/256/0814-01" ] }, { "cite": "561 N.E.2d 105", "category": "reporters:state_regional", "reporter": "N.E.2d", "weight": 2, "year": 1990, "pin_cites": [ { "page": "111" } ], "opinion_index": 0 }, { "cite": "203 Ill. App. 3d 714", "category": "reporters:state", "reporter": "Ill. App. 3d", "case_ids": [ 2580910 ], "weight": 3, "year": 1990, "pin_cites": [ { "page": "723" } ], "opinion_index": 0, "case_paths": [ "/ill-app-3d/203/0714-01" ] }, { "cite": "418 N.E.2d 939", "category": "reporters:state_regional", "reporter": "N.E.2d", "year": 1981, "opinion_index": 0 }, { "cite": "94 Ill. App. 3d 352", "category": "reporters:state", "reporter": "Ill. App. 3d", "case_ids": [ 3123799 ], "year": 1981, "opinion_index": 0, "case_paths": [ "/ill-app-3d/94/0352-01" ] }, { "cite": "524 N.E.2d 755", "category": "reporters:state_regional", "reporter": "N.E.2d", "weight": 2, "year": 1988, "pin_cites": [ { "page": "756" } ], "opinion_index": 0 }, { "cite": "170 Ill. App. 3d 179", "category": "reporters:state", "reporter": "Ill. App. 3d", "case_ids": [ 3584958 ], "weight": 2, "year": 1988, "pin_cites": [ { "page": "181" } ], "opinion_index": 0, "case_paths": [ "/ill-app-3d/170/0179-01" ] }, { "cite": "454 N.E.2d 635", "category": "reporters:state_regional", "reporter": "N.E.2d", "year": 1983, "opinion_index": 0 }, { "cite": "97 Ill. 2d 343", "category": "reporters:state", "reporter": "Ill. 2d", "case_ids": [ 5515067 ], "year": 1983, "opinion_index": 0, "case_paths": [ "/ill-2d/97/0343-01" ] }, { "cite": "387 N.E.2d 852", "category": "reporters:state_regional", "reporter": "N.E.2d", "year": 1979, "opinion_index": 0 }, { "cite": "69 Ill. App. 3d 689", "category": "reporters:state", "reporter": "Ill. App. 3d", "case_ids": [ 3238381 ], "year": 1979, "opinion_index": 0, "case_paths": [ "/ill-app-3d/69/0689-01" ] }, { "cite": "763 N.E.2d 343", "category": "reporters:state_regional", "reporter": "N.E.2d", "weight": 2, "year": 2001, "pin_cites": [ { "page": "350" } ], "opinion_index": 0 }, { "cite": "327 Ill. App. 3d 527", "category": "reporters:state", "reporter": "Ill. App. 3d", "case_ids": [ 79431 ], "weight": 2, "year": 2001, "pin_cites": [ { "page": "536" } ], "opinion_index": 0, "case_paths": [ "/ill-app-3d/327/0527-01" ] }, { "cite": "632 N.E.2d 1035", "category": "reporters:state_regional", "reporter": "N.E.2d", "year": 1994, "opinion_index": 0 }, { "cite": "158 Ill. 2d 210", "category": "reporters:state", "reporter": "Ill. 2d", "case_ids": [ 780281 ], "year": 1994, "opinion_index": 0, "case_paths": [ "/ill-2d/158/0210-01" ] }, { "cite": "606 N.E.2d 1111", "category": "reporters:state_regional", "reporter": "N.E.2d", "year": 1992, "opinion_index": 0 }, { "cite": "153 Ill. 2d 76", "category": "reporters:state", "reporter": "Ill. 2d", "case_ids": [ 4738801 ], "year": 1992, "opinion_index": 0, "case_paths": [ "/ill-2d/153/0076-01" ] }, { "cite": "709 N.E.2d 293", "category": "reporters:state_regional", "reporter": "N.E.2d", "year": 1999, "opinion_index": 0 }, { "cite": "304 Ill. App. 3d 202", "category": "reporters:state", "reporter": "Ill. App. 3d", "case_ids": [ 564653 ], "year": 1999, "opinion_index": 0, "case_paths": [ "/ill-app-3d/304/0202-01" ] }, { "cite": "791 N.E.2d 516", "category": "reporters:state_regional", "reporter": "N.E.2d", "weight": 6, "year": 2003, "pin_cites": [ { "page": "521" }, { "page": "521" }, { "page": "521" } ], "opinion_index": 0 }, { "cite": "204 Ill. 2d 488", "category": "reporters:state", "reporter": "Ill. 2d", "case_ids": [ 609688 ], "weight": 6, "year": 2003, "pin_cites": [ { "page": "494" }, { "page": "497" }, { "page": "497" } ], "opinion_index": 0, "case_paths": [ "/ill-2d/204/0488-01" ] } ], "analysis": { "cardinality": 737, "char_count": 17395, "ocr_confidence": 0.787, "pagerank": { "raw": 8.805858257064804e-08, "percentile": 0.4964580946611173 }, "sha256": "c7ea8caf0a55eb39e4f0a34a89e9e908283ce39225f9d09db65db7f2bdba2ba3", "simhash": "1:3d2c298cec45ef00", "word_count": 2873 }, "last_updated": "2023-07-14T16:28:25.526171+00:00", "provenance": { "date_added": "2019-08-29", "source": "Harvard", "batch": "2018" }, "casebody": { "judges": [], "parties": [ "CHARLES BASSETT, Plaintiff-Appellee and Cross-Appellant, v. THE PEKIN POLICE PENSION BOARD et al., Defendants-Appellants and Cross-Appellees." ], "opinions": [ { "text": "PRESIDING JUSTICE SLATER\ndelivered the opinion of the court:\nDefendant Pekin Police Pension Board (the Board) terminated the pension of plaintiff Charles Bassett, a former Pekin police officer, after he was convicted of a felony. The Board authorized a refund of plaintiff\u2019s pension contributions after subtracting more than $40,000 that plaintiff had received in benefits. On administrative review, the circuit court determined that plaintiff was entitled to a full refund of his contributions. The Board now appeals from the circuit court\u2019s decision; plaintiff has cross-appealed from the Board\u2019s denial of interest. We affirm and remand.\nFacts\nAfter contributing to the Pekin police pension fund for 29 years, plaintiff began receiving pension benefits in December of 2002. On August 28, 2003, plaintiff was convicted of the felony offense of official misconduct in connection with the misappropriation of funds at the police department. The Board subsequently terminated plaintiff\u2019s benefits effective October 1, 2003. Plaintiffs $94,404.24 in contributions to the pension fund were refunded to him, reduced by the $40,218.10 in benefits plaintiff had received. This resulted in a refund totaling $54,186.14. Plaintiff filed a complaint for administrative review in the circuit court of Tazwell County alleging that he was entitled to a full refund of all his contributions to the pension fund without any offset for the benefits he had received. Plaintiff also asserted that he was entitled to interest on the refunded amount. Relying on Shields v. Judges\u2019 Retirement System, 204 Ill. 2d 488, 791 N.E.2d 516 (2003), the circuit court held that plaintiff was entitled to a full refund of his pension fund contributions, but it denied his request for interest. The Board now appeals from the court\u2019s ruling and the plaintiff has cross-appealed from the denial of interest. We affirm and remand.\nAnalysis\nStandard of Review\nIn reviewing a decision under the Administrative Review Law (735 ILCS 5/3 \u2014 101 et seq. (West 2002)), we review the decision of the administrative agency rather than that of the circuit court. XL Disposal Corp. v. Zehnder, 304 Ill. App. 3d 202, 709 N.E.2d 293 (1999). An agency\u2019s findings of facts are held to be prima facie true and correct and will not be disturbed unless they are against the manifest weight of the evidence. Abrahamson v. Illinois Department of Professional Regulation, 153 Ill. 2d 76, 606 N.E.2d 1111 (1992). However, questions of law, such as the proper interpretation of a statute, are reviewed de novo. Shields, 204 Ill. 2d 488, 791 N.E.2d 516; see Envirite Corp. v. Illinois Environmental Protection Agency, 158 Ill. 2d 210, 632 N.E.2d 1035 (1994).\nThe Pension Code\nPlaintiff\u2019s pension benefits were terminated pursuant to section 3 \u2014 147 of the Illinois Pension Code (Pension Code), which provides in part:\n\u201c\u00a7 3 \u2014 147. Felony conviction. None of the benefits provided in this Article shall be paid to any person who is convicted of any felony relating to or arising out of or in connection with his or her service as a police officer.\nThis Section shall not impaii any contract or vested right acquired prior to July 11, 1955 under any law continued in this Article, nor preclude the right to a refund.\u201d (Emphasis added.) 40 ILCS 5/3 \u2014 147 (West 2002).\nAs the language emphasized above indicates, while a police officer convicted of a felony forfeits his right to pension benefits, he may receive a refund of his contributions to the pension fund. Section 3 \u2014 124 of the Pension Code addresses the issue of refunds, but it is limited to situations where a police officer is separated from service with less than 20 years service, or where an officer dies with less than 10 years service:\n\u201c\u00a7 3 \u2014 124. Refund. A police officer who is separated from police service after June 30, 1953 with less than 20 years of service is entitled to a refund upon request of all contributions made by the officer to the police pension fund.\nIf a police officer dies with less than 10 years of police service, the officer\u2019s contributions to the police pension fund shall, upon written request of his or her surviving spouse, be refunded to the spouse without interest. If upon the death of a police officer, there is no surviving spouse, the excess of the officer\u2019s contributions to the fund over any pension payments shall be refunded to his or her heirs or estate. Acceptance of this refund shall bar the police officer\u2019s dependents or estate from any further participation in the benefits provided under this Article.\u201d 40 ILCS 5/3 \u2014 124 (West 2002).\nSince there is no specific statutory provision governing refunds when a police pension is terminated under section 3 \u2014 147, the Board relied on Phelan v. Village of LaGrange Park Police Pension Fund, 327 Ill. App. 3d 527, 763 N.E.2d 343 (2001). Phelan examined sections 3 \u2014 124 and 3 \u2014 147 and held that while the former section did not apply when a pension was terminated due to a felony conviction, the latter section entitled the felon to a refund. Construing the statutes together led the court to conclude that the refund was limited to the amount that the contributions exceeded the benefits which had been paid. Otherwise, the Phelan court stated, a pensioner whose benefits were terminated by a felony conviction would be treated more favorably than a police officer whose benefits where terminated by separation or death. See Phelan, 327 Ill. App. 3d at 536, 763 N.E.2d at 350.\nIn reversing the Board\u2019s order and ruling that plaintiff was entitled to a full refund of his pension contributions, the circuit court relied on the supreme court\u2019s decision in Shields, 204 Ill. 2d 488, 791 N.E.2d 516. Shields addressed the same issue presented in this case: whether a pensioner whose benefits are forfeited as a result of a felony conviction is entitled to a full refund of his contributions without deduction for the benefits he had received prior to the forfeiture. In Shields, however, the pension was from the Judges Retirement System (40 ILCS 5/18 \u2014 101 et seq. (West 2002)) rather than the Police Pension Fund (40 ILCS 5/3 \u2014 101 et seq. (West 2002)). The Board contends that this distinction limits the Shields holding to cases involving judicial pensions, leaving Phelan as the controlling authority with regard to police pensions. We disagree.\nThe Shields court examined two statutory provisions: section 18\u2014 163 and section 18 \u2014 129 of the Pension Code. Section 18 \u2014 163 is the judicial pension forfeiture provision, and it is nearly indistinguishable from its police pension counterpart:\n\u201c\u00a7 18 \u2014 163. Felony conviction. None of the benefits herein provided shall be paid to any person who is convicted of any felony relating to or arising out of or in connection with his or her service as a judge. This Section shall not operate to impair any contract or vested right acquired before July 9, 1955 under any law or laws continued in this Article, nor to preclude the right to a refund.\u201d (Emphasis added.) 40 ILCS 5/18 \u2014 163 (West 2002).\nIndeed, Shields described sections 3 \u2014 147 and 18 \u2014 163 as \u201cidentical.\u201d Shields, 204 Ill. 2d at 494, 791 N.E.2d at 521. The Shields court noted that section 18 \u2014 163 contained no limitation on the right to a refund: \u201cIn other words, the right to the refund is unconditional.\u201d Shields, 204 Ill. 2d at 497, 791 N.E.2d at 521.\nThe Shields court also considered the various provisions concerning refunds contained in section 18 \u2014 129 of the Pension Code. This section, much like section 3 \u2014 124, provides for refunds of contributions under certain conditions, including death or upon ceasing to be a judge. See 40 ILCS 5/18 \u2014 129(a) through (g) (West 2002). However, because none of the provisions of section 18 \u2014 129 addressed the situation where benefits have been forfeited due to a felony conviction, the Shields court ruled that section 18 \u2014 129 had no application to those circumstances. Accordingly, in light of the unconditional nature of the right to a refund granted by section 18 \u2014 163, the court concluded that it was not permissible to reduce that refund by pension benefits which had already been received:\n\u201c[IJf the Board were permitted to deduct Shield\u2019s benefits from his total contributions, it would, in effect, be recouping benefits rightfully paid to Shields prior to his conviction. That result would be incompatible with our determination that the right to a refund is unconditional.\u201d Shields, 204 Ill. 2d at 497, 791 N.E.2d at 521.\nGiven that the forfeiture provisions governing judicial and police pensions are essentially identical, the right to a refund of contributions to the police pension fund granted by section 3 \u2014 147 is no less unconditional than that granted by section 18 \u2014 163. In addition, just as the refund provisions of section 18 \u2014 129 have no application to the forfeiture of a judicial pension, section 3 \u2014 124 contains no reference to forfeiture of a police pension and is therefore similarly inapplicable. In short, there is simply no principled distinction between the circumstances presented in Shields and those presented here. Accordingly, we find that, pursuant to Shields, plaintiff is entitled to a full refund of his contributions to the police pension fund, undiminished by any benefits he received prior to termination.\nCross-Appeal\nPlaintiff has cross-appealed from the Board\u2019s denial of interest on his refunded contributions. Plaintiff\u2019s claims for interest encompass three distinct time periods. First, plaintiff contends that interest should be calculated from the time he began making contributions to the pension fund until the date of the Board\u2019s decision that terminated his pension benefits and awarded him a partial refund. We disagree.\nThe general rule in Illinois is that interest is not recoverable unless provided for by agreement of the parties or by statute. Ochoa v. Maloney, 69 Ill. App. 3d 689, 387 N.E.2d 852 (1979); see also Department of Transportation v. New Century Engineering & Development Corp., 97 Ill. 2d 343, 454 N.E.2d 635 (1983). Section 3 \u2014 147 of the Pension Code does not provide for a refund with interest, and plaintiff cites no statutory authority for his claim. Indeed, the only reference to interest in the context of a police pension is the provision in section 3 \u2014 124 concerning an officer who dies with less than 10 years service. Under those circumstances, the surviving spouse may receive a refund of the pension contributions without interest. See 40 ILCS 5/3 \u2014 124 (West 2002). We find no error in the refusal by the Board to award plaintiff prejudgment interest.\nPlaintiff next claims that he is entitled to 6% interest on the unpaid amount of $40,218.10 from the time that the Board issued its decision on January 12, 2004, until the date of the circuit court\u2019s decision on August 6, 2004. We disagree.\nSection 2 \u2014 1303 of the Code of Civil Procedure (Code) provides that when judgment is entered upon any award, report or verdict, interest shall be earned from the time the award is made at the rate of 9%, or at the rate of 6% when the judgment debtor is a governmental entity. The debtor may stay the accrual of interest by tendering payment of the judgment. 735 ILCS 5/2 \u2014 1303 (West 2004). In Owens v. Stokoe, 170 Ill. App. 3d 179, 524 N.E.2d 755 (1988), this court applied section 2 \u2014 1303 in a case where the judgment was increased on appeal. The plaintiff in Owens was awarded $40,000 in damages but that amount was reduced to $10,000 based on the jury\u2019s determination that plaintiff was 75% contributorily negligent. On appeal, the contributory negligence finding was reversed and a judgment of $40,000 was entered for plaintiff. On remand, the trial court ruled that the plaintiff was entitled to interest on the entire $40,000 from the time of the original jury verdict. We reversed that ruling, finding that the defendant did not have a reasonable opportunity to prevent the accrual of interest because he could not have been expected to foresee the reversal of the $10,000 judgment. Furthermore, it would have been inequitable to expect the defendant to tender $40,000 when an enforceable judgment existed only for $10,000. This court also noted that in cases where an appellate court increases an award granted in a trial court, \u201cinterest on the increased portion of the award is available only after the appellate court or the trial court on remand enters judgment.\u201d Owens, 170 Ill. App. 3d at 181, 524 N.E.2d at 756; see also Rosenbaum v. Rosenbaum, 94 Ill. App. 3d 352, 418 N.E.2d 939 (1981).\nBased on Owens, we find that plaintiff is not entitled to interest on the increased amount of contributions refunded to him. The Board should not have been expected to foresee that its decision would be reversed by the circuit court, nor would it be equitable to require it to tender an amount greater than it believed was proper. Accordingly, section 2 \u2014 1303 of the Code does not apply.\nIn its brief, the Board contends that plaintiff is not entitled to interest on the disputed amount from the time of its decision until the circuit court\u2019s ruling. The Board then asserts, however, that if interest is due, section 2 of the Interest Act (815 ILCS 205/2 (West 2004)) is the applicable statutory provision. We disagree.\nSection 2 provides in part:\n\u201c\u00a7 2. Creditors shall be allowed to receive at the rate of five (5) per centum per annum for all moneys after they become due on any bond, bill, promissory note, or other instrument of writing ***.\u201d (Emphasis added.) 815 ILCS 205/2 (West 2004).\nIn Fenton v. Board of Trustees, 203 Ill. App. 3d 714, 561 N.E.2d 105 (1990), the court held that section 2 applied to a judgment against a police pension board that had denied a disability pension to the plaintiff. The Fenton court based its decision on the fact that the term \u201cother instrument of writing\u201d had been applied to construction contracts, insurance policies, real estate listing contracts and leases, which were \u201cno more like bonds, bills or promissory notes than is the pension agreement, in that they all are writings creating an indebtedness.\u201d Fenton, 203 Ill. App. 3d at 723, 561 N.E.2d at 111. Therefore, since the terms and conditions of the pension fund were written in the Illinois Pension Code, the Fenton court held that the pension agreement was an \u201cother instrument of writing\u201d and section 2 applied. Fenton was subsequently followed in Barber v. Board of Trustees of the Village of South Barrington Police Pension Fund, 256 Ill. App. 3d 814, 630 N.E.2d 446 (1993) (police disability pension); Martino v. Police Pension Board, 331 Ill. App. 3d 975, 772 N.E.2d 289 (2002) (police disability pension); and Barry v. Retirement Board of the Firemen\u2019s Annuity & Benefit Fund, 357 Ill. App. 3d 749, 828 N.E.2d 1238 (2005) (firemen\u2019s widows\u2019 death benefit annuity).\nWe disagree with the conclusion of Fenton and its progeny that the Pension Code qualifies as an \u201cother instrument of writing\u201d under section 2 of the Interest Act for two reasons. First, as the Fenton court recognized, under the principle of ejusdem generis, the phrase \u201cother instrument of writing\u201d should be construed to refer only to writings similar to the \u201cbond[s], bill[s], [or] promissory note[s]\u201d listed in the statute. 815 ILCS 205/2 (West 2004); see Fenton, 203 Ill. App. 3d 714, 561 N.E.2d 110. In our opinion, the provisions of the Pension Code have little in common with bonds, bills, promissory notes, or other instruments of indebtedness.\nSecond, Fenton's analysis is contrary to the rule that interest statutes are to be strictly construed; nothing will be read into them by intendment or implication. In re Special Education of Walker, 131 Ill. 2d 300, 546 N.E.2d 520 (1989); Spina v. Toyota Motor Credit Corp., 301 Ill. App. 3d 364, 703 N.E.2d 484 (1998). Accordingly, we decline to adopt Fenton's expansive interpretation of section 2, and we find that it does not apply to plaintiffs judgment.\nFinally, plaintiff maintains that he is entitled to 6% interest under section 2 \u2014 1303 of the Code on the circuit court\u2019s judgment of $40,218.10 from the August 6, 2004, date it was rendered until the date of payment. The Board concedes this issue. We remand for calculation of this amount.\nFor the reason stated above, the judgment of the circuit court reversing the Board\u2019s decision and granting plaintiff a full refund of his pension contributions is affirmed. The denial of prejudgment interest is also affirmed. This cause is remanded for the calculation of post-judgment interest pursuant to section 2 \u2014 1303 of the Code.\nAffirmed and remanded.\nO\u2019BRIEN, J., concurs.", "type": "majority", "author": "PRESIDING JUSTICE SLATER" }, { "text": "JUSTICE LYTTON,\nspecially concurring:\nAlthough I concur with the majority opinion, I find the entire discussion of the Interest Act superfluous. It is unnecessary to the opinion because we have determined that the plaintiff was owed no interest on the increased amount of contributions refunded to him. Thus, I do not join in the dicta that needlessly challenges an entire line of Illinois cases.", "type": "concurrence", "author": "JUSTICE LYTTON," } ], "attorneys": [ "Cary J. Collins (argued) and Robert Bell (argued), both of Hoffman Estates, for appellants.", "Gary E. Orr (argued), of East Peoria, for appellee." ], "corrections": "", "head_matter": "CHARLES BASSETT, Plaintiff-Appellee and Cross-Appellant, v. THE PEKIN POLICE PENSION BOARD et al., Defendants-Appellants and Cross-Appellees.\nThird District\nNo. 3\u201404\u20140693\nOpinion filed November 15, 2005.\nLYTTON, J., specially concurring.\nCary J. Collins (argued) and Robert Bell (argued), both of Hoffman Estates, for appellants.\nGary E. Orr (argued), of East Peoria, for appellee." }, "file_name": "0235-01", "first_page_order": 253, "last_page_order": 260 }