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[The Venture Co/Maelstrom/Lightninghoof][H] <Converge> (EN 7/7 N 7/7 H TOV 3/3 N 1/3 H) Looking for Ranged DPSBy Babblet
Location: Horde – US Connected Realms: The Venture Co - Maelstrom - Lightninghoof
About us:
Converge has been around since WoW Vanilla and has been raiding together since Molten Core; most of our members have been playing together for years. In its older days, when most of us where young, we were more raid focused and demanded a lot from our members. Over the years we had to adjust our playtime and priorities with a growing list of RL responsibilities and are now, for all intents and purposes, a semi-casual raiding guild.
At this point in time we are trying to round out our roster and eventually attempt Mythic raids once we feel comfortable with our raid composition.
Raid Times: 8:00 PM – 12:00 AM Eastern Time – Monday/Tuesday.
Recruitment: Currently we are only accepting Ranged DPS.
Legion Progression:
[EN] 7/7 Normal - 7/7 Heroic
[ToV] 3/3 Normal - 1/3 Heroic
By Grayffin
We've been around for a long time. We've seen ups and downs. We have built a highly successful guild and lost it again.
Now we're getting back, and we're calling on you. We're opening our guild to players, both experienced and not so much. Our common goal is to finish rebuilding the guild after series of unfortunate events. To build and train a reliable, skilled and determined group of core raiders who will work together to blast through any challenge. To maintain a friendly, relaxed environment in the guild.
Don't get me wrong, if you join us, you're going to have your work cut out for you. But then, what joy could we have from things we haven't worked for?
Our goals:
Friendly and relaxed environment Reliable and skillful raiding team that could take it all the way to Mythic. Mythic+ dungeons Helping less equipped or experienced members to reach their full potential Fun We are looking for:
Healers, particularly raid healers and Disc Priest Ranged DPS Mitigation tank (Pal, War) Contacts:
Sukineko (GM) Grymffin (Officer) - BTag Corwan#11125 Tiranel (Officer) and pretty much anyone with <Close Knit> over their heads
By Vastidious
Legend of the Innkeeper podcast is about helping new and casual players learn more about the game, Hearthstone. We work hard each week to produce a show packed full of information that will both encourage and educate listeners on how they can improve their skill in the game while still having FUN!
Legend of the Innkeeper #120 - Matt Place talks Mean Streets
We just posted episode #120, where we had a chance to sit down with Matt Place and talk about the newest expansion, Mean Streets of Gadgetzan. It was an awesome show. Come check it out and hear what he had to say.
So check out the episode and if you haven't listened before, check out some of our other episodes on the website. We'd love to have you join in on the fun!
Episode 120: Matt Place talks Mean Streets
Episode 045 : Here Be Dragons
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Episode 050 : Where we've been and Where we're going
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By Mystykall
[H] <Blackhole Gaming> US-Illidan – Recruiting Raiders – Two Day - Mythic - Tu/Th
We are a 2 night raiding guild looking for more players. Raid times are:
Tuesday /Thursday 7:00 - 10:30 PM (CST) server time.
The leaders of <Blackhole Gaming> have been playing WoW since the game was released with multiple years of experience leading a guild.
Emerald Nightmare - 3/7M
Recruiting for Mythic Progression through all content.
Recruitment is currently open for core spots.
High Need:
Damage Classes
Balance Druid
Shadow Priest
We are looking to recruit all exceptional players, if you don't see your class we may still have a spot for you. We are always looking for Tank/DPS or Heal/DPS to assist with certain strats.
Visit us at: www.blackholegaming.org
Raid Leader: Isabelli#1577
Guild Master: Mystykall#1117


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The Lizard Impression Mat is an impressive addition to the Elisa Impression Mat Collection. Lizard texture is a class look for all fashionable accessories such as shoes, purses, coin purses, wallets, belts, and valises. Made with the highest quality, food-grade silicone and can withstand temperatures to 400? F. Like all Marvelous Molds, Lizard Impression Mat comes with our patent pending self-trimming blade.
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Used Truck - 2013 Kia Sorento EX in Gorham, Nh
Actual costs may vary.
AUTONORTH CERTIFIED PRE-OWNED VEHICLE Internet Special on this tough SUV... This gas-saving Sorento will get you where you need to go** Safety equipment includes: ABS, Traction control, Curtain airbags, Passenger Airbag, Front fog/driving lights...Other features include: Leather seats, Bluetooth, Power locks, Power windows, Heated seats.... This 2013 Kia Sorento has 54,720 miles and comes with our unrivaled 3 month, 4,000 mile Certified Warranty!! This vehicle also comes with our EXCLUSIVE Roadside Care Plan, offering you a full 3 years of worry-free driving! 191 hp horsepower, 2.4 liter inline 4 cylinder DOHC engine, 4 Doors, 4-wheel ABS brakes, 4WD Type - Automatic full-time, 8-way power adjustable drivers seat, Air conditioning with dual zone climate control, All-wheel drive, Audio controls on steering wheel, Automatic Transmission, Bluetooth, Clock - In-dash, Cruise control, Descent Control - Hill descent control, Exterior Parking Camera - Rear with camera, External temperature display, Front fog/driving lights, Fuel economy EPA highway (mpg): 26 and EPA city (mpg): 20, Head airbags - Curtain 1st and 2nd row, Heated drivers seat, Heated passenger seat, Keyless Ignition - Doors and ignition, Leather seats, Multi-function remote - Trunk/hatch/door/tailgate, Overhead console - Mini with storage, Passenger Airbag, Power heated mirrors, Power steering, Power windows with 1 one-touch, Rear spoiler - Lip, Rear wiper, Reclining rear seats, Remote power door locks, Signal mirrors - Turn signal in mirrors, Split-bench rear seats, Tachometer, Tilt and telescopic steering wheel, Traction control - ABS and driveline, Trip computer, Video Monitor Location - Front
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2013 Kia Sorento ReviewThis car review is specific to this model, not the actual vehicle for sale.
The Sorento is Kia's entry into the cross-over utility vehicle (CUV) segment. The Sorento features unibody construction and a streamlined, modern appearance. The Sorento is available in front-wheel drive (FWD) or four-wheel drive (4x4) in five- or seven-seat configurations. A 175-hp 2.4-liter four-cylinder, 191-hp direct-injection 2.4-liter four-cylinder or a 276-hp 3.5-liter V6 are the available engine choices. A six-speed automatic transmission sends power to the wheels. All-speed traction control, stability-control, four-wheel anti-lock disc brakes, overhead curtain airbags, anti-whiplash head restraints and ignition disable are just a few of the standard safety features offered. 18-inch alloy wheels, dual-zone automatic climate control, satellite radio, steering wheel audio controls, heated front seats, navigation system and a rearview camera are all available. The Sorento is a carry-over with minor repackaging for 2013.
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Michelle Jankowski | 04/05/16
"Well protected and delivered by Royal Mail so that's the extra bonus to know your products will get to you. You will have fun drinking out of this mug! The parcel arrived on the date set and was well cared for through the delivery process."
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Chief Creative Officer: Jonathan Cude
Group Creative Director: Ellen Steinberg
Art Directors: John Hagerty
Copywriters: Jenny Nicholson
Director of Broadcast: Regina Brizzolara
Senior Producer: Naomi Newman
Photographer: Craig Cutler
Art Buyer: Kellie Bingman
Print Producer: Lauren March
Retoucher: Stacy Evans
Studio Artist: Matt Wood
Highest Rated
Interesting premise. Copy is very funny. The type is a little lacking for me though.
Heh. Nice copy. Like Corndog, not sure about the very horizontal layout of the text, but hey, I'm a writer not an art director.
Cute concept. Considering how long they've been working the "Ask Sherwin Williams" slogan, this is a nice, fun variation.
- Jeff
President, Singularity Design
Is your brand getting the attention it deserves?
– – – – – – – – –
President, Singularity Design | www.SingularityDesign.com | Blog.SingularityDesign.com | Is your brand getting the attention it deserves?
Lovely lovely. Damn good for a paint. Loved it.
~~this paranoid survived!~~
so let me get this straight: you fall in love. you paint a room together. and then you're so joyously happy that you used the right tools and got good advice from a paint store, you have sex and make babies.
seems plausible.
here's the next headline:
ask sherwin-williams how to run a totally contrived ad campaign.
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Wine Spectator
- Yield
- 4 servings
- 1/3 C olive oil
- 2 cloves garlic, peeled and crushed
- 1/4 C Italian parsley, chopped
- 4 sprigs each thyme and rosemary
- 4 20 oz bone in NY Strip steaks
- freshly ground pepper and kosher salt
- 1/2 lemon
- Combine oil and garlic in a small saucepan and warm over low heat for 2 min. cool thoroughly, then add parsley thyme and rosemary. Divide the seasoned oil equally between 2 bowls. Brush steaks with 1/2 of seasoned oil and let sit at room temp 20 min. Season steaks lightly. Grill to your taste. After turning brush with marinade in second bowl. When done to your taste, remove to platter tent with foil and allow to rest 5 min before cutting
Nutritional Info
- Calories1528
- Carbohydrates5 g(2%)
- Fat116 g(178%)
- Protein111 g(221%)
- Saturated Fat42 g(210%)
- Sodium312 mg(13%)
- Polyunsaturated Fat5 g
- Fiber3 g(11%)
- Monounsaturated Fat55 g
- Cholesterol465 mg(155%)


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Mobile Homes for Sale in Middlesex County, NJ
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On 24 Oct 2013 By admin
The automotive marketplace has launched the 1st professional rendering of the rear-wheel and wheel drive sedan. The 2015 official Genesis sedan looks like an undisguised visuals leaked out online in this month.
Autos Billow
March 04, 2014
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We have been working to cover the allover articles, news and review about cars since 2013, we are learning and making fantastic articles/news for the user, and distribute the knowledge, tips and tricks about automotive.
Top 10 Fastest Cars in The World 2014 http://bit.ly/1ryDfjN
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"Hi", said the guy, "I am the spy from Hawaii, but I had to get away. I went to Hong Kong, but I couldn't stay long. I am still a spy and I would like to fly to Yungay before I die. This poetry is a form of mimicry. That's like a code. Let's hit the road and goodbye", said the spy. "Ciao, Moscow!"
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Boat 2 or 3 Tank Dive - Fathom Five Divers on Kauai
Get more time in the water and more time exploring the ocean's depths. First dive from 65' to 95', second dive 45' to 75', third dive 35' to 55'. There are over 23 dive sites to choose from.
Operates: Tuesday and Friday, check in 7:00am.
Departure Point: Check in at Fathom Five Dive Shop, 3450 Poipu Road, in Koloa.
Duration: N/A
Equipment: Two custom build 25' Radon dive boats.
Capacity: 6 divers per boat.
Inclusions: Includes a light breakfast, full service dive briefings, tanks and weights, snacks and drinks are available.
Exclusions: New top of the line rental scuba gear $10.00 per item or $40.00 for full package: MFS, BCD, REG, Wet suit, prescription mask $7.00. Snorkelers are welcome at $140.00.
Serves Alcohol: There is not any alcohol available during the activity.
Foreign Language Translation: There is no foreign language translation available.
Handicapped Accessible: This tour is not suitable for handicapped individuals.
Required Certifications: Requires participants to have a SCUBA diving certification.
Restrictions: Bring your certification card. This activity is not accessible by wheelchair or walker.
Certified 3 Tank Diver W/O Gear
Certified 2 Tank Diver W/O Gear
Equipment Rental Per Item
Full Gear Rental
Prescription Mask
Today's prices are shown. To request a reservation please select a day and time from the calendar below.
(All bookings are backed by Tom Barefoot's "Low Price Guarantee". Online orders may take up to 24 hours to be processed. The availability displayed above is frequently updated and always subject to change.)
- # 16-25 Feet
- # Mono Hulled Power Yacht
- # 6 People or Less
- # South Kauai
- # 3 or More Tank Dive
- # Snorkeling
- # 2-4 Hours
- # 4-6 Hours
- # 6-8 Hours
- # 8+ Hours
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- # Not Handicapped Accessible
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- # Includes Breakfast
- # Swim Stop Included
- # SCUBA Dive Certification Required
- # Does Not Serve Alcohol
- # Moderate
- # Morning
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- # No Translation Available
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- # South Kauai
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text:
Windsor Park Golf Club
Bangkok Golf Courses
Windsor Park & Golf Club was chosen to host the 12th Kosaido Thailand Ladies Open Golf Championship in 1998, just four years after its official opening. A truly International event with more that 20 different nationalities competing, this was the beginning of involvement with professional golf tournaments.
Windsor Park & Golf Club continues to support both professional and amateur golf at different level, now with an expanded course layout of 36 holes; the last nine holes opened early in 2006 pose an increase challenge to golfers somewhat different to the other established three nine holes. From the Pro Tees, any 18 holes are over 6,900 yards, the Regular Tee around 6,400 yards and Par 72 for all courses. Course layout and design is both fair and addictive, wide fairways lead you to ample sized greens which then raise the challenge to your putting skills.Read More
- Private Grand Palace, Emerald Buddha & Reclining Buddha Morning Tour
- Damnoen Saduak Floating Market Tour
- Banyan Tree's Apsara Dinner Cruise
- Calypso Cabaret Show
- Thonburi Klongs & Grand Palace Morning Excursion
- Ayutthaya Ancient Capital Tour with River Cruise
- Siam Niramit Show
- Sea Life Bangkok Ocean World with Private Roundtrip Transportation
- Bridge on the River Kwai & Historic Railway Tour
- Dream World Excursion with Roundtrip Transfer
Sorry but we are temporarily not selling this tour.


text:
LJWorld.com weblogs Rolling along
The Sting
I was riding to work Sunday, when, just a couple of houses away from home, I felt a sharp pain in my right ankle.
At my age, pain is a common enough occurrence, but this was unusual: It really stinking hurt.
I glanced down and saw a wasp waspishly going to town on my leg.
I've had unwanted passengers before: mosquitos, spiders, moths, inebriated coeds. The proper response in all cases is to check first for oncoming traffic. Generally it's a bad idea to freak out, veer into an oncoming semi and get creamed because some creepy crawly landed on your arm. Once you're sure the road ahead is clear, calmly brush away the offending hitchhiker (except in the case of the inebriated coed; they tend to be ... clingy).
But my calm dismissal in this case was thwarted by my bike choice. Because I was riding my fixed-gear bike — the pedals and back wheel are direct-drive; if the bike's rolling, the pedals are turning — I couldn't merely coast and flick off the insect. Instead, I had to wait ... until Waspzilla ... reached the top of the pedal stroke ... whereupon I'd try to convince it ... to get the heck off my flesh.
Which, eventually, I finally did, and I rolled to a stop, hopped off the bike, bawled like a 5-year-old girl (and I have nothing against 5-year-old girls; I had one once), sniffled a couple of times, brushed away the tears and propped my foot up on the curb to survey the damage.
I remembered reading something about bee stings. Bees die after they sting somebody, because their stingers are barbed. The stingers enter flesh, catch on it, then rip out the bees' guts as they pull away. The poor honey-maker's innards are left behind, and the poison sac keeps pumping away.
Thus, it's recommended that bee stingees remove said stinger/stomach/poison sac ASAP, either by tweezer or credit card.
I didn't have my tweezers handy — though I keep a pair in my desk at work in case I have an eyebrow emergency that calls for immediate tweezing — and I prefer cash to credit, but then I remembered I'd been violated by a wasp, not a bee.
I'm no entomologist, but I recalled wasps kept their wits — and guts — about them after stinging, leaving themselves free to sting again. And again.
So I gave myself a quick once-over, verified there was no sac, poison or otherwise, dangling from my gams, and pedaled away.
I considered turning around and driving. I figured if I were going to go into anaphylactic shock, I didn't want just to keel over on the bike and instead wanted to be behind the wheel of my big, honkin' SUV so I could take out a big swath of Lawrence with me. But since I already had gone, oh, half a block or so, I figured I could soldier on.
All the rest of the way — as I maintained a vigil on my airway lest it constrict and fantasized about rolling up to the hospital E.R. and proclaiming, "DOA"-like, that I wanted to report a poisoning: mine — I thought about the birds and the bees. Or at least the wasps and the bees.
I was about halfway to work, breezing downhill in excess of 25 mph, when I was stricken by a nightmarish thought. What if the wasp had built a nest in my bike and I had a speeding, winged deathtrap between my legs?
Every tickle or touch became another poised stinger.
Curiously — perhaps it was the venom coursing through my veins — I thought back to my childhood.
My brother and I frequently were given outdoor chores, like mowing and working in the garden, that put us in winged-harm's way. My dad was not amused when we failed to pick the beans because we were frightened off by some insect hellion.
Back then, I thought my dad was 10-feet tall and bulletproof, but I've since come to see just how wrong I was. He's only 6-2.
He'd work outside barefooted, and he crawled inside the tiny heads of the creepy crawlies to see what made them tick. He came to understand their motivations, which he shared with his children.
Bees, he explained, were territorial, but reluctant to sting unless the hive was threatened. I guess the whole certain-death-if-it-stings thing provided some deterrent. Wasps, he said, could do some real damage, but only attacked if provoked. But bumblebees ... they were dangerous like wasps, he said, but also were just mean. They'd stick you just for the fun of it.
So my dad would go all proactive on bumblebees. Whenever he saw one, he'd swat it from the sky and step on it — bare feet and all.
Like I said, bulletproof.
He and his dad at one time were beekeepers. How cool is that? My dad was a beekeeper. My claim to fame is, I once went grocery shopping on a Friday instead of the usual Saturday morning.
Now, his dad had something of a different outlook on winged stingers. After my brother and I would happen upon some flying menace, he'd take a look, announce, "Looks like he's got fire in his tail. I wouldn't make him mad if I were you," then go back to whatever manly man-of-the-earth task he had interrupted to deal with his sniveling grandsons.
Anyway, back to my brush with long, slow, agonizing death.
I made it to work and realized my right ankle had swollen considerably. My usually prominent, bony — OK, I'll say it: sexy — ankle bone had disappeared and been replaced by a slightly discolored cankle.
I showed it off to the wife, who thought it gross, and my son, who promptly jabbed it and asked if it hurt.
It wasn't until the ride back to work at night that I had a truly gruesome thought.
My brother and I were especially fearful of cicada killers, which I consider to be the mack daddy of insectuous danger. They're supposedly uninterested in humans. Instead, they sting cicadas, paralyzing them, then drag them back to their lairs. They lay their eggs in the snoozing — but still-alive — cicada. The eggs hatch, and the babies crawl out to dine on the unlucky locust. Fresh meat!
What if I wasn't victimized by a wasp? What if a myopic cicada killer shanked me with his fiery tail and, sensing I was too heavy to drag back to his lair, laid his eggs in my cankle? Come to think of it, by the time I made it to work, I was unusually sleepy.
Now I'm afraid 12 days hence, I'm going to wake up, look down and see ankle-biter cicada killers chowing on my leg.
Talk about a nightmare.
unrents 5 years, 8 months ago
I'm fortunate enough to know your father. He's a LEGEND in his own mind -- er, time.
ehartsock 5 years, 7 months ago
I can't believe we were so afraid of Cicada Killers. It probably was the fact they looked menacing and had those twitchy wings. Dad has always been fearless. He could also rip the Yellow Pages in half. I still haven't figured out how to do that. Have you?
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text: Hey guys, After using countless plugings like waves, tc etc.. I decided to spring for the waves ssl plugins I'm not very familiar with "real" higher end hardware, so maybe this is to be expected, but why when is it when apply a good amount of squeeze does the stereo panning change? Also, is there a way to not get this effect? I'm trying to get vocals to sit well, but they keep jumping left a bit. Thank you so much


text:
Examines the interaction of lipid oxidation and Maillard reaction for the generation of flavor compounds. Features new isolation and analysis techniques, including dynamic headspace analysis, to evaluate flavors generated from lipid-containing foods. Discusses the effects of processing and storage on the flavors of processed foods. Examines the generation of flavors from lipoxygenase pathways and the production of flavors by biotechnology.Gas chromatographic analyses were conducted using a Varian 3400 gas chromatograph (GC) equipped with a flame ... Any mass spectra which were not identified by the computer library were manually searched against the EPA-NIH andanbsp;...
|Lipids in food flavors
|Chi-Tang Ho, American Chemical Society. Meeting, Thomas G. Hartman, American Chemical Society. Division of Agricultural and Food Chemistry
|An American Chemical Society Publication - 1994-05-05


text:
Mammy's Going
Mrs Brown's Boys, Series 2 Episode 5 of 6
Spartacus, the old family dog, is looking poorly. Reluctantly, the family decide the time has come to put her in a home. However, when the Brown children gather together to decide how to break the sad news to their mother, Agnes gets the wrong end of the stick. Under the impression that her children are planning on putting her in a nursing home, a furious Agnes sets out to persuade her children she is not going senile.
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APPEAL from the Circuit Court of Lawrence County; the Hon.
RAYMOND O. HORN, Judge, presiding.
Petitioner City of Mount Carmel (hereinafter City) appeals from a judgment of the circuit court of Lawrence County dismissing its petition to condemn land in Wabash County *fn1 for a street and highway right-of-way. Defendant landowners filed a traverse and motion to dismiss upon which the trial court entered judgment.
The sole issue presented is whether a municipal corporation is authorized by statute to acquire by eminent domain a street right-of-way located in an unincorporated area which is outside of but adjacent and contiguous to the municipality. The relevant statute involved is section 11-61-1 of the Illinois Municipal Code (Ill. Rev. Stat. 1975, ch. 24, par. 11-61-1) which states as follows:
"The corporate authorities of each municipality may exercise the right of eminent domain by condemnation proceedings in conformity with the provisions of the constitution and statutes of the State of Illinois for the acquirement of property useful, advantageous or desirable for municipal purposes or public welfare including property in unincorporated areas outside of but adjacent and contiguous to the municipality where required for street or highway purposes by the municipality."
The proposed right-of-way lies in an unincorporated area of approximately 47 acres which borders the City on two sides for about 2200 feet. The strip sought to be condemned runs north and south, its southern edge touching the city limits for a distance of approximately 60 feet. No other portion of the strip intersects the municipal boundary.
In their traverse and motion to dismiss defendants contended that the property sought to be condemned by the City must be "adjacent and contiguous" to the municipal boundaries and since this strip is not "adjacent and contiguous" to the city limits of Mount Carmel the City is without power to condemn the right-of-way.
On the other hand, the City argues that a proper reading of the statute reveals that it is not the property sought to be condemned, but rather the unincorporated area containing the property which must be "adjacent and contiguous" to the municipality. Since the right-of-way is within an "adjacent and contiguous" unincorporated area, the argument continues, the City may properly exercise its power of eminent domain to acquire the desired property.
There being no dispute as to whether the property the City seeks to condemn would be "useful, advantageous or desirable" or that it will be used "for street or highway purposes" as required by section 11-61-1 of the Illinois Municipal Code (Ill. Rev. Stat. 1975, ch. 24, par. 11-61-1), we turn our attention to whether it is the property or the unincorporated area which must be "adjacent and contiguous" to the municipality.
While our research has disclosed no decision of the courts> of this State on this particular question, the Illinois Supreme Court discussed section 11-61-1 in Village of Deerfield v. Rapka, 54 Ill.2d 217, 296 N.E.2d 336. There the court dealt with the authority of a municipality to acquire property outside of its municipal limits for playground purposes under section 11-95-1 of the Illinois Municipal Code (Ill. Rev. Stat. 1971, ch. 24, par. 11-95-1). After noting that the closing portion of section 11-61-1 was added by amendment to the statute in 1961, the court went on to say:
"The amendment was not designed, the argument is, to repeal or lessen the broad municipal authority to condemn. It was intended to insure a power to condemn, for street purposes, land outside but adjacent and contiguous to the municipality. The argument is persuasive." (54 Ill.2d 217, 222.)
We recognize that this interpretation of the statute was merely dicta, as the question in the case was only the municipality's power to condemn outside its boundaries generally. However, the statement by the court clearly supports the defendants' contention that it is the property to be condemned and not the unincorporated area containing it which must be adjacent and contiguous to the municipality.
• 1-4 Additionally, long-standing rules of statutory construction lend support to the defendants' argument. Illinois courts> have traditionally applied the "last antecedent doctrine" in construing statutes. This rule requires that relative or qualifying words, phrases, or clauses are to be applied to the words or phrases immediately preceding, and not as extending to or including other words, phrases or clauses more remote, unless the intent of the General Assembly disclosed by the context and reading of the entire statute, requires such extension or inclusion. (People v. Thomas, 45 Ill.2d 68, 256 N.E.2d 794.) The City argues that by operation of this rule, the words "adjacent and contiguous" must apply to their closest antecedent, "in an unincorporated area" and not to the more remote "property." However, this argument ignores the words "outside of" which also follow "in unincorporated areas," and would by plaintiff's use of the last antecedent rule modify "in unincorporated areas." Such a reading of the statute would obviously render the words "outside of" mere surplusage, as unincorporated areas are necessarily "outside of" the municipal boundaries. Proper use of the last antecedent rule requires a different reading. The word "property" is, in our opinion, the last antecedent which is modified by the qualifying words and phrases following it "in an unincorporated area", "outside of" but "adjacent and contiguous [to the municipal boundary]." (Ill. Rev. Stat. 1975, ch. 24, par. 11-61-1.) All of these words and phrases serve to describe the property which may properly be condemned by the municipalities. The prepositional phrase "in unincorporated," if deleted, would allow municipalities to condemn incorporated property outside of but adjacent and contiguous to the municipality. While such authority has been granted in cases involving condemnation for airport purposes (Village of Schiller Park v. City of Chicago, 26 Ill.2d 278, 186 N.E.2d 343), the intent of the legislature as shown by section 11-61-1 was to deny this power to municipalities for street and highway purposes. In Village of Schiller Park v. City of Chicago, 26 Ill.2d 278, 186 N.E.2d 343, the court stated:
"When the General Assembly intends to limit an extra-territorial power to unincorporated territory it says so by the use of appropriate language." (26 Ill.2d 278, 281.)
Accordingly, we hold that the words "adjacent and contiguous" as used in section 11-61-1 of the Illinois Municipal Code apply to "property" and not to "unincorporated areas."
As the trial court pointed out in its order, it is difficult to imagine what limitations would exist on a municipality's power to condemn outside its borders if a different interpretation were adopted. If only the unincorporated area containing the property to be condemned was required to be adjacent and contiguous to the municipality, a city could condemn property several miles from its border if such property was part of an adjacent and contiguous unincorporated area. In addition, perplexing and far-reaching questions would be raised by the interpretation which the City recommends. For example, what are an "unincorporated area's" boundaries? Does an "unincorporated area" end only when it intersects incorporated land? In focusing on the property to be condemned, rather than the area of which it is a part, it may be determined by the court whether it is or is not adjacent and contiguous to the municipality and hence subject to the power of eminent domain as exercised by the corporate authorities. This limitation of the municipality's power to condemn is consistent with the intention of the legislature in enacting section 11-61-1 of the Illinois Municipal Code (Ill. Rev. Stat. 1975, ch. 24, par. 11-61-1).
• 5 The City does not seriously contend that the property which it seeks to condemn is adjacent and contiguous to the municipality. The only portion of the right-of-way which touches the municipal boundaries is a 60-foot strip. In order for property to be contiguous to city limits there must be a substantial common boundary (Spaulding School District No. 58 v. City of Waukegan, 18 Ill.2d 526, 165 N.E.2d 283), or it must touch or adjoin the corporate limits in a reasonable and substantial physical sense. (Western National Bank v. Village of Kildeer, 19 Ill.2d 342, 167 N.E.2d 169.) The property involved in this case is therefore not contiguous to the municipality. While both Spaulding and Western National Bank involved annexations, we fail to see how the nature of the action would alter the legal definition of contiguity.
We therefore believe that section 11-61-1 of the Illinois Municipal Code (Ill. Rev. Stat. 1975, ch. 24, par. 11-61-1) requires that the property which a municipality seeks to condemn for street or highway purposes be adjacent and contiguous to the municipality. This reading of the statute comports with our duty to strictly construe statutes delegating the State's sovereign power of eminent domain. "The authority to take private property against the owner's consent must be for a public use, and the statute conferring power to take property for a public highway must be strictly construed." Town of Kingston v. Anderson, 300 Ill. 577, 580-81, 133 N.E. 347.
For the foregoing reasons, the judgment of the circuit court of Lawrence County dismissing the City of Mount Carmel's petition for condemnation is affirmed.
CARTER, P.J., concurs.
Mr. JUSTICE EBERSPACHER, dissenting:
As I understand the factual situation in this case, the City of Mt. Carmel sought to take property which lay outside the city limits in an area that was adjacent and contiguous to the city for the purpose of constructing a street or highway that would connect on both its ends with its streets or highways connecting with its streets. The strip sought, at its southern end touches the city limits for a distance of approximately 60 feet, connecting to a city street at that end, and on the north end being 110 feet in width connecting to a county highway that leads to a public country road which connects to an existing street in the immediate vicinity.
It is my opinion that the purpose of the 1961 amendment to section 11-61-1 of the Illinois Municipal Code was to provide a municipality a means of connecting its streets by the use of a street or highway across property that was outside its limits in an area contiguous and adjacent to its limits. With such limited purpose in mind there need be no apprehension as to a city having an unlimited power or the extent of boundaries of the unincorporated area lying adjacent or contiguous.
I do not agree with the majority's application of the "last antecedent doctrine" and am of the opinion that if that doctrine is to be applied it should be applied as petitioner has suggested.
I would therefore reverse and remand.
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Today, Spencer Scharff, the Voter Protection Director of the Arizona Democratic Party released the following statement in response to Maricopa County's decision to not adhere to the requisite procedure for verifying signatures on early-ballot affidavits that were timely received. According to th
Last night's election changed a lot of things for both our country and our state.
We woke up to the reality that Donald Trump is President-elect, following a historically bad night for Democrats across the nation.


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A report issued today by the AASHTO and the AAPA said the FAST Act has brought ports and cargo fully into the surface transportation network and has given the nation a dedicated federal freight program for the first time ever.
The London-based shipping research and consulting firm said expenses have been cut to the bone in the past two years, so increases would not be unexpected.
Marseilles, France-based ocean carrier CMA CGM said that since Oct. 17, U.S. Lines' services have been rebranded as ANL on the Oceania trades and APL on the transpacific trades.
Registration takes less than 1 minute.
Japan's three largest ocean carriers said Monday in Tokyo they will merge their container operations in mid-2017 to form what would be the sixth largest line, continuing a recent trend of industry consolidation.
A bankruptcy court in Newark, N.J. will hear requests for modifications as Hanjin Shipping's biggest shareholder, Korean Air Lines, has postponed a decision to provide cash to the carrier.
Danish ocean carrier Maersk Line said the acquisition of Hamburg Süd would boost its share of the world container fleet from 15.7 percent to 18.6 percent, and increase its capacity from 3.14 million TEUs to 3.76 million TEUs.


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Flashback: Obama Admits He's Not Ready to be President
October 16, 2014 8:02am PST
The nation was shocked when Obama ran for President in 2008, after having only served two years in the Senate. Vintage footage appears to show that Obama was also well aware of just how inexperienced he was.
At a press conference shortly after having won the Illinois Senate seat, Obama told the media:
"You know, I am a believer in knowing what you're doing when you apply for a job. And I think that if I were to seriously consider running on a national ticket, I would essentially have to start now, before having served a day in the Senate. Now, there are some people who might be comfortable doing that, but I'm not one of those people."
Obama was a good liar back then too, and the press ate up his words.
Do you wish he had listened to his own advice? Sound off in the comments section!
(Read More: Obama: I Kissed a Couple of Ebola Nurses)
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- Hillary Clinton Tries To Attack Donald Trump – Gets A BRUTAL Response


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philosophy of science
...successful in different respects and to different degrees at characterizing the behaviour of bits and pieces of the natural world. This theme was thoroughly pursued by the American philosopher Nancy Cartwright, who emerged in the late 20th century as the most vigorous critic of unified science.


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Join Patience Reich and friends on a musical journey around the world. Explore Christmas customs and stories behind songs we sing. You'll visit Western and Eastern Europe, Southern Africa, the Caribbean and the Southern United States. No passport necessary. Award Winning pianist Honnie Spencer, Cesar Oviedo and his Jazz Band, and more! Saturday, December 3rd at 2:30 pm.
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The Children's Outreach Department provides services and materials to children who would be unlikely to utilize traditional library facilities and services.
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I found the macadamia oil at Hanaford!!! adjust quantities to your own desires I prepared this in a mini food chopper to save on mess
- Yield
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Today's Devotional
The Gift of LoveHow should you respond to such a great love?
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14 CFR 23.1553 - Fuel quantity indicator.
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A red radial line must be marked on each indicator at the calibrated zero reading, as specified in § 23.1337(b)(1).
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Title 14 published on 2015-01-01
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JD Edwards EnterpriseOne One View Reporting: Usage and Report Creation
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Gisele Freaks Out Mothers Everywhere By Driving A Quad With Her Baby In Tow
Would it have been better if she had a sign that said "Baby On Board"?
1. If you haven't already noticed, people are freaking out about Gisele riding Costa Rica driving a quad with her baby without a seatbelt.
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In The News Today
- The 36 victims in the Oakland warehouse fire were trapped with "no way out" in America's deadliest blaze in over a decade.
- UK intelligence chief says he's worried by rival countries' attempts to undermine democracy through propaganda, cyberattacks.
- Dozens of employees and patients say the US's biggest psychiatric chain locks up people for insurance money.
- This dad had the most adorable freak out to his family when he met his first alpaca 😂


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June 5, 1997
COMMERCE BANK, SPECIAL ADMINISTRATOR OF THE ESTATE OF LOUISE OSBORN, DECEASED, PLAINTIFF-APPELLANT,v.MATTHEW AUGSBURGER AND SARAH AUGSBURGER, A/K/A CHRIS AUGSBURGER, DEFENDANTS-APPELLEES, AND YOUTH SERVICES OF MID-ILLINOIS, INC., JAMES SMITH, WILLIAM ROBERTS, JACK GIBSON, KIM WILLIAMSON, RYAN MCNEAL, PHIL RODGERS, MARI ROBERTS, RONALD WEBBER, WILLIAM SHERMAN, MARTHA CARLTON, ERIC HARDISON, SUSAN BELLAS, LAURA FRANZ, ANDREA TAUBER, BARBARA SCHNEIDER, JOY DULING, MARTIN STREMLAU AND BETH DONAHUE, DEFENDANTS.
Appeal from Circuit Court of McLean County. No. 94L244. Honorable William T. Caisley, Judge Presiding.
Honorable Frederick S. Green, J., Honorable James A. Knecht, J. - Concur, Honorable Robert W. Cook, J. - Dissent. Justice Green delivered the opinion of the court.
The Honorable Justice GREEN delivered the opinion of the court:
This appeal concerns the portion of a suit brought on behalf of the estate of a minor that seeks recovery in tort for negligence against the foster parents of the deceased minor. The foster parents allegedly had custody of the minor by virtue of a placement by Youth Services of Mid-Illinois, Inc. (Youth Services), pursuant to a contract it had with the Illinois Department of Children and Family Services (DCFS) concerning dependent and neglected children. We hold that the Suit against the foster parents was not barred by sovereign immunity but was barred by parental immunity because the negligence charge concerned the foster parents' supervision and discipline of the child.
The suit began on August 21, 1995, when plaintiff, then known as The Peoples Bank but now known as Commerce Bank, acting as administrator of the estate of Louise Osborn, a deceased minor child, brought suit in the circuit court of McLean County against defendants, Matthew Augsburger, Sarah Augsburger, Youth Services, and others not party to this appeal, seeking recovery for injuries to and the death of the deceased minor child. Counts I and II of a second-amended complaint were directed against the Augsburgers. On March 25, 1996, the circuit court allowed the Augsburgers' motion to dismiss those counts in bar of action and subsequently entered an order under Supreme Court Rule 304(a) (155 Ill. 2d R. 304(a)) making that order appealable. Plaintiff has appealed. We affirm.
The second-amended complaint made various allegations applicable to all counts and then, in the various counts, more specific allegations were made. As to counts I and II, the complaint stated: (1) DCFS entered into a contract with Youth Services whereby the latter would obtain foster homes for children in the custody of DCFS; (2) pursuant to that contract, plaintiff's decedent, a three-year-old child and a DCFS ward, was placed with the Augsburgers by Youth Services; (3) the child died in the Augsburgers' home from asphyxiation and hyperthermia when the Augsburgers confined her in an enclosed space described as the "upper half of a divided shelf of a wooden cabinet inside a bedroom closet at [their] home with the door closed"; (4) the Augsburgers placed the child in the confined area; and (5) the Augsburgers "negligently, carelessly, and improperly supervised " the child's activities and failed to "monitor" the child's activities "by providing no direct supervision." (Emphasis added.) Plaintiff sought recovery for wrongful death (740 ILCS 180/1 (West 1994)) under count I and injuries during her lifetime pursuant to the Survival Act (755 ILCS 5/27-6 (West 1994)) under count II.
The Augsburgers' motion to dismiss was made under section 2-619 of the Code of Civil Procedure (735 ILCS 5/2-619 (West 1994)), setting forth the affirmative defense that as foster parents the Augsburgers had parental immunity. The circuit court agreed. For the first time, on appeal, the Augsburgers contend the dismissal of counts I and II is supportable because they were agents of the state and, thus, clothed with governmental immunity. Such a late contention is permissible because governmental immunity is treated as depriving the circuit court of jurisdiction under the terms of section 8(d) of the Court of Claims Act (705 ILCS 505/8(d) (West 1994)). See Robb v. Sutton, 147 Ill. App. 3d 710, 498 N.E.2d 267, 101 Ill. Dec. 85 (1986). Lack of subject-matter jurisdiction is an issue that can be raised at any time. Currie v. Lao, 148 Ill. 2d 151, 157, 592 N.E.2d 977, 979, 170 Ill. Dec. 297 (1992).
In any event, we conclude that the Augsburgers did not have governmental immunity. The case they rely most heavily upon is Griffin v. Fluellen, 283 Ill. App. 3d 1078, 670 N.E.2d 845, 219 Ill. Dec. 167 (1996). There, the appellate court affirmed the dismissal of a suit on governmental immunity grounds brought, as here, on behalf of a foster child for alleged tort of the foster mother. There, the foster mother had been hired directly by DCFS and was paid by that governmental entity. Here, the alleged contract between DCFS and Youth Services described Youth Services as an independent contractor, and the agreement between Youth Services and the Augsburgers described the Augsburgers as independent contractors. No case has been called to our attention in which a party so attenuated from the state, as the Augsburgers were here, has been held to have governmental immunity.
In Illinois Nurses Ass'n v. Illinois State Labor Relations Board, 196 Ill. App. 3d 576, 554 N.E.2d 404, 143 Ill. Dec. 469 (1990), the Department of Corrections (DOC) contracted with a private corporation, described in the contract as an independent contractor, to provide health-care services to DOC facilities. The private corporation was determined to be a state agent for the purpose of determining whether it was subject to the Public Labor Relations Act (Ill. Rev. Stat. 1985, ch. 48, par. 1603(o)). The Illinois Nurses Ass'n court noted that the contract gave DOC authority to approve the nurses the corporation sent to the facilities and the power to discharge those nurses. Illinois Nurses Ass'n, 196 Ill. App. 3d at 579, 554 N.E.2d at 406. Here, no provision in the contract between DCFS and Youth Services gives similar authority to DCFS in regard to the foster parents.
The relationship between the state and the Augsburgers, who had contracted with Youth Services, which had contracted with the state, is too remote to give the Augsburgers governmental immunity. This is particularly true where the state had so little control over the Augsburgers. The doctrine of sovereign immunity did not justify the dismissal of counts I and II.
Accordingly, we turn to the more complicated and difficult decision as to whether the Augsburgers had parental immunity because, as foster parents of the deceased child, they stood in loco parentis to the child. This brings into play the dual questions of the extent of parental immunity even in regard to natural parents and whether that immunity exists as to foster parents of the type here, where the children were state wards and had been placed, for what could be a short time, with foster parents being paid for the care of the children.
The binding Illinois case on the subject of parental immunity is the comparatively recent case of Cates v. Cates, 156 Ill. 2d 76, 619 N.E.2d 715, 189 Ill. Dec. 14 (1993). There, a suit was brought on behalf of a daughter against her father for injuries she received in a collision while riding as a passenger in a motor vehicle driven by him. Negligence was charged and the father claimed parental immunity. The circuit court granted the father's motion to dismiss on parental immunity grounds, the appellate court affirmed, but the supreme court reversed. That court held that no parental immunity existed when the duty to drive carefully was owed by the father, not merely to the daughter, but to the public generally. Thus, the Cates court concluded that the negligence of the father did not involve the supervision or discipline of the child and did not bring into play the doctrine of parental immunity. Cates, 156 Ill. 2d at 106, 619 N.E.2d at 729. The Cates opinion discussed in detail the parental immunity rule. It explained that the doctrine did not exist in the English common law but arose from Hewellette v. George, 68 Miss. 703, 9 So. 885 (1891), McKelvey v. McKelvey, 111 Tenn. 388, 77 S.W. 664 (1903), and Roller v. Roller, 37 Wash. 242, 79 P. 788 (1905). The Cates opinion further explained:
"Illinois courts have relied consistently on three major public policy considerations for the parent-child tort immunity doctrine: (1) the preservation of family harmony, (2) the discouragement of fraud and collusion, and (3) the preservation of parental authority and discipline. (See Ross, The Parental Tort Immunity Doctrine Applied to Wrongful Death Actions: A Rule Without Reason. Chamness v. Fairtrace, 158 Ill. App. 3d 325, 511 N.E.2d 839, 110 Ill. Dec. 662 (5th Dist. 1987), 13 So. Ill. U. L.J. 175, 177-78 (1988).) Illinois courts have more consistently espoused the preservation of family harmony rationale. See McArdle, Stallman v. Youngquist: Parent-Child Tort Immunity: Will Illinois Ever Give This Doctrine the Examination and Analysis it Deserves?, 19 J. Marshall L. Rev. 807, 814-15 (1986); Nudd[ v. Matsoukas], 7 Ill. 2d [608,] 619[, 131 N.E.2d 525, 531 (1956)] ('only' policy which might justify doctrine in area of negligence is 'reluctance to create litigation and strife between members of the family unit'); Illinois National Bank & Trust Co. [v. Turner] (1980), 83 Ill. App. 3d 234, 238[, 403 N.E.2d 1256, 1260, 38 Ill. Dec. 652] (doctrine should not be abolished in toto because of contemporary need for family harmony); Wilkosz v. Wilkosz (1984), 124 Ill. App. 3d 904, 909[, 464 N.E.2d 1232, 1236, 80 Ill. Dec. 249] (same); see also Gerrity v. Beatty (1978), 71 Ill. 2d 47, 49[, 373 N.E.2d 1323, 1324, 15 Ill. Dec. 639].
Yet, Illinois courts have narrowed the doctrine, by creating exceptions to it, where the doctrine's public policy purposes do not appear to be served. In Nudd, this court 'modified' the immunity doctrine by recognizing an exception in an automobile accident case where willful and wanton misconduct was alleged. ( Nudd, 7 Ill. 2d at 619[, 131 N.E.2d at 531].) Nudd implicitly viewed the defendant father's conduct, speeding on wet pavement and running a red light, as beyond 'the scope of the parental relationship.' ( Nudd, 7 Ill. 2d at 619[, 131 N.E.2d at 531].) Nudd considered that the 'only' policy justifying parental immunity, a reluctance to create litigation and family strife, was not served by upholding the immunity where the conduct was of that nature. ( Nudd, 7 Ill. 2d at 619[, 131 N.E.2d at 531].) Nudd reasoned that barring a suit for conduct which was not parental in nature did not foster family harmony, but only deprived the child of redress for his injuries. Nudd accordingly allowed intrafamily litigation. Following Nudd, however, the parent-child tort immunity doctrine remained as a bar to negligence actions.
Illinois courts, however, have carved out additional exceptions to the immunity in the area of negligence. An exception to the immunity rule is now recognized where a child sues a deceased parent. ( Johnson v. Myers (1972), 2 Ill. App. 3d 844[, 846, 277 N.E.2d 778, 779] (when the family relationship is dissolved by death, the policy basis for the immunity doctrine ceases to exist as well); but see Marsh v. McNeill (1985), 136 Ill. App. 3d 616, 622[, 483 N.E.2d 595, 599, 91 Ill. Dec. 249] (parent-child tort immunity barred wrongful death action by representative of deceased parents' estates against living daughter tort-feasor); see also Edgington v. Edgington (1990), 193 Ill. App. 3d 104[, 549 N.E.2d 942, 140 Ill. Dec. 291].) Another exception allows children to sue grandparents. Gulledge v. Gulledge (1977), 51 Ill. App. 3d 972[, 367 N.E.2d 429, 10 Ill. Dec. 41] (rationale behind immunity loses persuasive force when family relations more distant than parent-child are involved); see also Busillo v. Hetzel (1978), 58 Ill. App. 3d 682[, 374 N.E.2d 1090, 16 Ill. Dec. 315]." (Emphasis added.) Cates, 156 Ill. 2d at 92-93, 619 N.E.2d at 723.
The Cates majority opinion considered other inroads upon the parental immunity doctrine and concluded that the "preservation of family harmony" and the discouragement of fraud and collusion considerations for the doctrine were no longer viable, but the preservation of authority and discipline aspects of the doctrine made sense and should be preserved. The Cates court indicated that guidance can be gained from the opinion of this court in Schenk v. Schenk, 100 Ill. App. 2d 199, 241 N.E.2d 12 (1968), and even more from Goller v. White, 20 Wis. 2d 402, 122 N.W.2d 193 (1963). Cates, 156 Ill. 2d at 103-04, 619 N.E.2d at 728.
In Schenk, a father was permitted to bring an action against his 17-year-old daughter for negligently driving an automobile in such a way that the vehicle hit and injured him. This court concluded that the suit would not necessarily severely injure the family harmony and should be allowed. However, this court also concluded that the family immunity rules should not be disregarded in respect to:
"[the] conduct of either parent or child arising out of the family relationship and directly connected with the family purposes and objectives in those cases where it may be said that the carelessness, inadvertence or negligence is but the product of the hazards incident to inter-family living and common to every family." Schenk, 100 Ill. App. 2d at 206, 241 N.E.2d at 15.
In Goller, a foster son brought suit against his foster father for injuries he received while riding on the drawbar of a tractor that was going from one field to another, both of which were farmed by the foster father. Negligence was charged. The Supreme Court of Wisconsin ultimately held that the foster father did not have parental immunity because that immunity only existed "where the alleged negligent act involves an exercise of ordinary parental discretion with respect to the provision of food, clothing, housing, medical and dental services, and other care." Goller, 20 Wis. 2d at 413, 122 N.W.2d at 198. The Cates opinion described the Goller decision in these words:
"Under the Goller standard, a child may sue his parent for negligent conduct except where the conduct involves 'an exercise of parental authority *** [or] an exercise of ordinary parental discretion with respect to the provision of food, clothing, housing, medical and dental services, and other care.' [Citation.] The first limitation embraces the area of parental discipline; and the second has been interpreted as concerning only the performance of legal duties and not moral duties, such as a duty to supervise. ( Thoreson v. Milwaukee & Suburban Transport Co. (1972), 56 Wis. 2d 231, 246-47, 201 N.W.2d 745, 753.) Arguably, under the Goller standard, a child could not sue his parent for a failure to maintain the family residence in some manner (for instance, a failure to secure carpeting)." Cates, 156 Ill. 2d at 90-91, 619 N.E.2d at 722.
While upholding the right of the daughter to sue her father for negligent driving, the Cates court emphasized that parental immunity still existed in a less structured area than Goller would suggest to offer "protection to conduct inherent to the parent-child relationship" ( Cates, 156 Ill. 2d at 104, 619 N.E.2d at 729) and further stated:
"The standard we have thus developed focuses primarily on conduct inherent to the parent-child relationship, which conduct we describe by approximating the Goller standard without its enumerated duties. Such a standard is consistent with other jurisdictions which have abrogated the immunity in order to achieve greater clarity in the area of parent-child negligence. The standard we have created is not, however, as extreme because we do not fully abrogate the immunity, but rely on an exception. Our standard also allows a broader area of negligent conduct to remain immunized. Thus, under our standard, parental discretion in the provision of care includes maintenance of the family home, medical treatment, and supervision of the child. A child may attempt to sue a parent alleging that the child fell on a wet, freshly mopped floor in the home, but the immunity would bar such an action because the parent was exercising his discretion in providing and maintaining housing for the child." (Emphasis added.) Cates, 156 Ill. 2d at 105, 619 N.E.2d at 729.
The conduct with which the Augsburgers are charged is severe, but plaintiff did not see fit to allege that conduct was willful and wanton. If it was willful and wanton, parental immunity would not be a defense. Cates, 156 Ill. 2d at 83, 619 N.E.2d at 718; Nudd, 7 Ill. 2d at 619, 131 N.E.2d at 531. The second-amended complaint describes the Augsburgers' conduct as a failure to supervise and monitor the child and the negligent placement of the child in a closet. This is the very type of conduct for which the Cates opinion would still provide for the defense of parental immunity. Clearly, if the Augsburgers were the natural parents of the deceased child, parental immunity would be an affirmative defense to counts I and II of the second-amended complaint.
We finally come to the question of whether foster parents of the type the Augsburgers were are entitled to parental immunity. No Illinois decision is directly on point. In Rourk v. State, 170 Ariz. 6, 821 P.2d 273 (1991), Mayberry v. Pryor, 422 Mich. 579, 374 N.W.2d 683 (1985), and Andrews v. County of Otsego, 112 Misc. 2d 37, 446 N.Y.S.2d 169 (1982), similar types of foster parents have been denied parental immunity for torts upon foster children. On the other hand, in Brown v. Phillips, 178 Ga. App. 316, 342 S.E.2d 786 (1986), and Mitchell v. Davis, 598 So. 2d 801 (Ala. 1992), parental immunity has been granted such types of foster parents.
In Goller, the foster father had custody of the injured minor under circumstances similar to those here. A specially concurring justice would have decided the case on the basis that the foster father could have no parental immunity because foster parents do not have such an immunity. The majority impliedly rejected that theory because they spoke of the foster father as being a father, as did the Cates opinion ( Cates, 156 Ill. 2d at 90, 619 N.E.2d at 722). Had the Goller majority deemed that foster parents could not have parental immunity, it would have been unlikely to struggle with the question of whether the particular circumstances of the child's injuries triggered the doctrine of parental immunity. Had the Cates majority not thought that the father in Goller would, under the circumstances, have had parental immunity, the Cates court would have been unable to tie into Goller as a significant case in regard to parental immunity.
Unquestionably, foster parents under the circumstances of the Augsburgers have responsibility in regard to the supervision and discipline of those children under their care. Negligence in that regard is what is charged here. Foster parents are nearly as much in need of leeway in this regard as are natural parents. Often animosity can exist between natural parents and foster parents. Exposure to suit for negligence in supervising and disciplining the children in their custody would be a deterrent to the best performance by the foster parents in this regard. We find no precedent for denying parental immunity here and deem the granting of it consistent with the theory of Cates.
Plaintiff maintains that the fact that the injured child is now deceased is an appropriate reason for denying immunity. That logic would be most appropriate if the purpose of immunity was to preserve family harmony or to avoid collusion. However, those factors are no longer grounds for imposing immunity. The subsequent death of the child does not bear upon the freedom the natural parent or foster parent needs to deal with the child in his or her lifetime.
As we conclude that the Augsburgers were clothed under parental immunity from suit for negligence in regard to their supervision and discipline of the deceased minor, we affirm the judgment of the circuit court dismissing counts I and II of the second amended complaint.
KNECHT, J., concurs.
COOK, J., dissents.
The Honorable Justice COOK, dissenting:
I respectfully dissent and would reverse and remand the decision of the trial court.
The doctrine of parental immunity has been significantly narrowed in recent years. The majority decision runs contrary to that trend by applying the doctrine, for the first time, to foster parents. See W. Keeton, Prosser & Keeton on Torts § 122, at 905 n.43 (5th ed. 1984).
The majority concludes the foster parents here should be granted immunity because of the policy consideration favoring "'the preservation of parental authority and discipline.'" Slip op. at 6, quoting Cates, 156 Ill. 2d at 92, 619 N.E.2d at 723. In my view, there is a significant difference between (many) foster parents on the one hand, and natural parents, adoptive parents, and stepparents on the other. As I argued in my dissent when this case first came before this court, that difference is permanency of relationship. Country Mutual Insurance Co. v. Peoples Bank, 221 Ill. Dec. 607, 286 Ill. App. 3d 356, 362-66, 675 N.E.2d 1031, 1035-37 (1997) (Cook, J., dissenting). A foster parent is often only "a temporary way station on the road of a child's life until the difficulties at home can be straightened out." Johnson v. Burnett, 182 Ill. App. 3d 574, 582, 538 N.E.2d 892, 897, 131 Ill. Dec. 517 (1989).
To some extent children are stuck with their natural parents, and perhaps it is best to bar some tort actions in the interest of the "preservation of parental authority and discipline." Children are not stuck with their foster parents, however. If problems arise, new foster parents may be appointed. If Louise had survived this incident, would we really expect her to be returned to the care of the Augsburgers? The Augsburgers also had temporary custody of Louise's brother, Sean, and that custody was terminated immediately after the incident. Preservation of parental authority and discipline is not a realistic concern in this case.
Perhaps the majority's concern is not with the particular parent-child relationship in this case, but with the effect of this case on future relationships. Will there be a "chilling effect" on future foster parents who attempt to discipline children placed in their care? The fact of the matter is that foster parents do not decide for themselves how parental authority should be exercised or discipline imposed. The discipline of foster children is already closely regulated by the DCFS. See 89 Ill. Adm. Code § 402.21 (1996) ("Discipline of Children").
The majority indicates that "the discouragement of fraud and collusion" (slip op. at 9) is no longer recognized as a valid reason for a parental immunity rule. See slip op. at 14-15. To the extent that reason has any lingering validity, I would note there is no possibility of fraud or collusion in this case. Unlike natural parents, adoptive parents, or stepparents, there is no way that foster parents will receive any pecuniary benefit in a case like this. Louise was a ward of the court, and her financial affairs are under the control of the court, not the Augsburgers.
The majority finds it significant that plaintiff did not allege willful and wanton misconduct, where parental immunity would not be a defense. Slip op. at 12. There may be reasons why plaintiff did not allege the conduct was willful and wanton. Plaintiff has also filed an action regarding this incident in the Court of Claims against DCFS (95 Ill. Ct. Cl. 3757) and may be concerned that an allegation of willful and wanton misconduct in this case would hinder the prosecution of that case.
I agree with the majority that this action is not barred by sovereign immunity.
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text:
Orange Braised Lamb Shanks
Total Time
Prep 25 mins
Cook 2 hrs
A lovely lamb recipe by Hugh Fearnley-Whittingstall.
Ingredients Nutrition
- 4 lamb shanks
- 1 carrot, diced finely
- 1 medium onion, diced finely
- 2 celery ribs, diced fine
- 2 -3 tablespoons olive oil
- 2 -3 sprigs fresh thyme
- 2 bay leaves
- 2 garlic cloves, finely chopped
- 2 oranges, juice and zest of, finely grated (no pith)
- 1 lemon, juice and zest of, finely grated (no pith)
- 1 tablespoon tomato paste (concentrated tomato puree)
- 1 1⁄2 cups white wine
- 1 cup lamb stock (or water)
- salt and pepper
- 1⁄2 cup fresh parsley, chopped
- Preheat oven to 300°F.
- In a suitable casserole dish, sweat the diced vegetables in some of the olive oil without browning until tender.
- Add the thyme, bay leaves, garlic, tomato, wine and lamb stock or water, along with most of the orange zest and juice (retain a few pinches of zest and 1 tbsp of juice).
- Bring to the boil and lower to a gentle simmer.
- Heat a little more olive oil in a separate pan and brown the lamb shanks on all sides, seasoning with a little salt and pepper as you go.
- Transfer to the casserole dish and cover with its lid.
- Transfer to the oven and cook for approx 2hours or until the meat is completely tender and coming off the bone.
- Remove the shanks from the pan and keep warm while you finish the sauce.
- Skim off some of the fat that is floating on it. Taste for seasoning and to assess its intensity, boil to reduce if you think it needs it.
- Stir in the reserved juice to refresh the citrus flavour.
- Serve one lamb shank on each warmed plate with a generous amount of sauce spooned over.
- Sprinkle each shank with a little parsley and a pinch of the reserved zest.
Most Helpful
Took way too long for a below average meal. Orange sauce wasn't that tasty and doesn't even look that appealing when served.
This recipe is so simple and the orange sauce makes wonderful gravy to serve over the lamb. I placed the shanks under the broiler while preparing the sauce and allowed them to brown, turning often. I reduced the sauce somewhat after removing the meat. These were cooked in my French oven and served over Bulghur Pilav recipe #134263 for a wonderful meal.