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Buffy the Vampire Slayer 2001 | TV Show Watchlist
Season 6, Episode 20 Villains
First Aired: May 14, 2002
Buffy tries to recover from an assassination attempt; Jonathan and Andrew share a jail cell; Warren seeks allies at a demon bar; Anya is confronted by Willow. Rack: Jeff Kober. Warren: Adam Busch. Anya: Emma Caulfield. Andrew: Tom Lenk. Jonathan: Danny Strong. Willow: Alyson Hannigan. Xander: Nicholas Brendon. Buffy: Sarah Michelle Gellar.
Guest Cast
Adam Busch Warren
Jeff Kober Rack
Danny Strong Jonathan
Next On TVSee all »
Mon Dec 5 2:00pm
Dead ThingsNew | Season 6, Episode 13 POPI'll Watch36 Watching
Cast & Details See all »
- Premiered: October 2, 2001
- Rating: TV-14
- Premise: A cheerleader is chosen to battle the forces of evil as she weathers the storms of young adulthood in an imaginative series that blends killer writing and performances. The show put WB on the ratings map and spawned the successful `Angel' before moving to… (more)
Trending TonightSee all »
The Walking Dead9:00 pm | AMCI'll Watch561 Watching
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Watch This
The Walking Dead: Is Carl Going to Die?
Carl might be on his way to the Big Pudding Can in the Sky
The Gentleviewer's Obsessive Guide to Buffy the Vampire Slayer, Second Edition
By Paisley PublicationsBuy New: $18.00
Fighting the Forces: What's at Stake in Buffy the Vampire Slayer
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Buffy: Demons of the Hellmouth (Buffy the Vampire Slayer)
By Titan BooksBuy New: $17.00
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subset: commoncrawl


text:
Base in Your Face
My time will come...the question is when!!!!!
Adam Brodsky is writing today's trading diary. Toddo will return to his post on Monday
We continue to base as we head into the weekend. In my opinion the absolute worst time to put on a position is late Friday afternoon and because of this the volume may continue to dry up. I am paying attention to how they are going to close the SOX (above 494), S&P (above 1070), Dow (above 10,026), and the NDX (above 1405.) In my mind, these levels are key areas and a close above them may be bullish for the aforementioned indexes and the overall market.
Next week will be a lead into option expiration, which is one week from today. I am going to be looking at a wide range of stocks over the weekend and try to gauge where we may go from here. I am also going to be looking at heavily traded names and where they are relative to where a large amount of open interest may be. With volumes so thin and a lack of near term catalysts, that may drive next week's market.
Have a great weekend.
- 1
Todd Harrison is the founder and Chief Executive Officer of Minyanville. Prior to his current role, Mr. Harrison was President and head trader at a $400 million dollar New York-based hedge fund. Todd welcomes your comments and/or feedback at firstname.lastname@example.com.
The information on this website solely reflects the analysis of or opinion about the performance of securities and financial markets by the writers whose articles appear on the site. The views expressed by the writers are not necessarily the views of Minyanville Media, Inc. or members of its management. Nothing contained on the website is intended to constitute a recommendation or advice addressed to an individual investor or category of investors to purchase, sell or hold any security, or to take any action with respect to the prospective movement of the securities markets or to solicit the purchase or sale of any security. Any investment decisions must be made by the reader either individually or in consultation with his or her investment professional. Minyanville writers and staff may trade or hold positions in securities that are discussed in articles appearing on the website. Writers of articles are required to disclose whether they have a position in any stock or fund discussed in an article, but are not permitted to disclose the size or direction of the position. Nothing on this website is intended to solicit business of any kind for a writer's business or fund. Minyanville management and staff as well as contributing writers will not respond to emails or other communications requesting investment advice.
Copyright 2011 Minyanville Media, Inc. All Rights Reserved.
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Analysts Set SM Energy Co. (SM) Price Target at $36.32
SM Energy Co. (NYSE:SM) has been given a consensus recommendation of "Hold" by the twenty-seven brokerages that are presently covering the stock. Two research analysts have rated the stock with a sell rating, twelve have issued a hold rating and thirteen have issued a buy rating on the company. The average twelve-month price objective among brokerages that have issued a report on the stock in the last year is $36.32.
A number of equities research analysts recently weighed in on the stock. Cantor Fitzgerald reiterated a "hold" rating and set a $24.00 price objective on shares of SM Energy in a report on Wednesday, August 3rd. Scotiabank upgraded shares of SM Energy from a "sector perform" rating to a "sector outperform" rating and lifted their price objective for the company from $35.00 to $48.00 in a report on Tuesday, October 4th. Mitsubishi UFJ Financial Group upgraded shares of SM Energy from an "underweight" rating to a "neutral" rating and set a $36.00 price objective for the company in a report on Tuesday, August 23rd. Barclays PLC raised their target price on shares of SM Energy from $32.00 to $40.00 and gave the company an "overweight" rating in a research report on Thursday, August 4th. Finally, Zacks Investment Research raised shares of SM Energy from a "hold" rating to a "buy" rating and set a $27.00 target price on the stock in a research report on Tuesday, July 12th.
SM Energy (NYSE:SM) opened at 40.14 on Tuesday. The company's market cap is $2.75 billion. The company's 50-day moving average is $37.20 and its 200-day moving average is $30.34. SM Energy has a 12 month low of $6.99 and a 12 month high of $42.33.
SM Energy (NYSE:SM) last announced its quarterly earnings data on Tuesday, August 2nd. The energy company reported ($0.44) earnings per share for the quarter, beating analysts' consensus estimates of ($0.71) by $0.27. SM Energy had a negative net margin of 73.55% and a negative return on equity of 9.92%. The company earned $341.80 million during the quarter, compared to analyst estimates of $328.18 million. During the same quarter last year, the business posted $0.49 EPS. The firm's revenue for the quarter was down 33.8% on a year-over-year basis. On average, equities research analysts expect that SM Energy will post ($2.38) EPS for the current fiscal year.
The company also recently announced a semiannual dividend, which will be paid on Wednesday, November 2nd. Investors of record on Friday, October 21st will be paid a $0.05 dividend. This represents a dividend yield of 0.29%. The ex-dividend date is Wednesday, October 19th. SM Energy's dividend payout ratio is currently -0.80%.
In related news, SVP Kenneth J. Knott sold 661 shares of the business's stock in a transaction on Thursday, September 29th. The shares were sold at an average price of $40.00, for a total value of $26,440.00. Following the completion of the transaction, the senior vice president now directly owns 43,417 shares in the company, valued at approximately $1,736,680. The transaction was disclosed in a document filed with the SEC, which is accessible through the SEC website. 1.70% of the stock is currently owned by corporate insiders.
Institutional investors have recently bought and sold shares of the company. State Street Corp boosted its position in SM Energy by 14.0% in the first quarter. State Street Corp now owns 3,778,006 shares of the energy company's stock worth $70,795,000 after buying an additional 464,526 shares in the last quarter. HBK Investments L P boosted its position in SM Energy by 560.3% in the first quarter. HBK Investments L P now owns 876,907 shares of the energy company's stock worth $16,433,000 after buying an additional 744,107 shares in the last quarter. Spark Investment Management LLC bought a new position in SM Energy during the first quarter worth $2,640,000. TIAA CREF Investment Management LLC boosted its position in SM Energy by 56.3% in the first quarter. TIAA CREF Investment Management LLC now owns 304,932 shares of the energy company's stock worth $5,714,000 after buying an additional 109,812 shares in the last quarter. Finally, NN Investment Partners Holdings N.V. bought a new position in SM Energy during the first quarter worth $457,000. Institutional investors own 82.89% of the company's stock.
SM Energy Company is an independent energy company. The Company is engaged in the acquisition, exploration, development and production of crude oil and condensate, natural gas and natural gas liquids (NGLs) in onshore North America. The Company operates in the exploration and production segment of the oil and gas industry within the United States.
Receive News & Stock Ratings for SM Energy Co. Daily - Enter your email address below to receive a concise daily summary of the latest news and analysts' ratings for SM Energy Co. and related stocks with our FREE daily email newsletter.


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ArielRequest Her Follow
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Men or women, Ariel doesn't care. She loves to play with both and to show off her talents on the screen. Fiery eyes and a tight body make this tall beauty is one for the ages.
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10 Great Folk Albums Released This Year
Laura Marling, William Tyler, Valerie June, and more.By Jody Rosen
Laura Marling, William Tyler, Valerie June, and more.By Jody Rosen
This $85 Rock Pouch Is a Chic Way to Spend $85 on a Rock
Tina Fey Tells Everyone the Real Reason Hillary Clinton Lost the Election
Lenny Pozner Used to Believe in Conspiracy Theories. Until His Son's Death Became One.
The 10 Best TV Shows of 2016
The Real Housewives of Beverly Hills Season-Premiere Recap: Studio Fifty Bore
Donald Trump Has Proven Liberals Right About the Tea Party
Westworld Creators Reveal Whether Maeve Is in Control When She Gets Off the Train
The Post-Trump Haircut
The 10 Best Movies of 2016 — and 6 More
NBC's Hairspray Live! Could Be the First Live Musical That Matters


text:
Or certainly the most painful to watch.Richard Rich (The Swan Princess) is at it again. Hoping to cash in on the release of THE PASSION OF THE CHRIST on dvd this week, Anchor Bay Video has produced this ANIMATED PASSION ("for the whole family")! This could be the worst animated video since the child-friendly TITANIC animated musical I wrote about a few years ago. If watching the crucifixion in "bright colors and kid-friendly language" isn't enough for you, the bonus materials include "sing-along activities".At least the lead characters aren't mice this time around.
We welcome thoughtful comments on articles, but please read our community guidelines before participating. All comments are moderated and will not immediately appear on the site; your patience is appreciated.


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Use between Wednesday, June 25 – Sunday, September 28
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This innovative company secures free tickets to live theater, concerts, comedy shows, local events, and more when the venue hasn't sold out, with no per-ticket cost for you. Once you're a member, you can check out current offerings on FillASeatPittsburgh's website, book tickets, and go. Plus, the tickets you receive will always be for seats next to each other, so you can pick up your comped tickets at the box office knowing you'll be enjoying the show next to your pal. FillASeatPittsburgh covers Greater Pittsburgh.
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Fine printValid for new members of FillASeatPittsburgh only • Limit 1 per purchaser, up to 4 additional as gifts • Limit 1 per household • Ages 18+ • Tax is included • Voucher is valid for one member, but Duet members receive up to two tickets per event • One-year membership begins at time of voucher redemption; account must be created within 30 days of purchase • Visit www.FillASeatPittsburgh.com for more information; please read the membership rules thoroughly before purchasing
Other conditions apply
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text:
Best route map between Fallbrook, CA and Escondido, CA. This route take about 26 Miles.
The distance and estimated time is placed on the right depending on the status of the road.
, 22:55
You view route of Fallbrook, CA and Escondido, CA, this
is a short route and it takes
about 26 or 43. May
be you want to know how
long does it take? Average, It takes about 32 mins.
Now, if need to talk about details of Fallbrook, CA and Escondido, CA;
Firstly about Fallbrook, CA, Coordinate is 33.3766042, -117.2511458, weather is and (). Population about 31435 and
about 10386. May be you need
this information, Area code of Fallbrook, CA is 760.
Secondly about Escondido, CA, Coordinate is 33.1192283, -117.0864361, weather is and (). Population
about 151451 and households
about 44798. May be you need
this information, Area code of Escondido, CA is 760.
* Weather information on route, provide by Open Weather Map.
* The total population living within the city limits, using the latest US census 2014 population estimates. The
total number of households within the city limits using the latest 5 year estimates from the American Community
All Rights Reserved. © 2010 - 2016 Feedback


text:
Tell Us More About Your Chrysler Pacifica. View all models
AutoZone carries hundreds of thousands of parts and accessories.
Select your Year, Make, Model and Engine to find those that fit your vehicle.
Safety is a key feature of any family vehicle, including your Chrysler Pacifica. One component that doesn't get a lot of attention is your Chrysler Pacifica lift support. It allows the hatch to open smoothly, and even more important, it holds it up until you're done accessing your cargo area. When you're in need of a durable replacement, AutoZone has you covered.
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Twister18 :She ain't enjoying her protein shake.
• March 4 at 8:39pm •
Twister18 :She ain't enjoying her protein shake.
• March 4 at 8:39pm •
jack38 :This is a fun scene with Melissa. The guys had their balls nice and full for her lol. The guy at about 4:30 fires a nice weeks load of jizz in her mouth. The funny part is she's asked to swallows through out the scene. She attempts to but never does and you can see all the load continue to build up in her mouth and throat. At the end she struggle a lot but finally manages to get it all down. I think Melissa had the taste of jizz in her mouth for a few weeks after this scene LOL.
• August 25 at 12:04pm •


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text: Double Tap TO ZOOM WITH PHONE OR TABLET E a rly C hildhood E d uc ation / Gardening Gardens are where children's imaginations engage nature, and the result is joyful learning. Gardening helps children develop an appreciation for the natural world Explore the and build the foundation for environmental stewardship. This book is packed with unique and learning experiences—green thumb or a perfect plot of land not required. information and inspiration to help you immerse children in gardening and outdoor Learn how a gardening curriculum supports learning and development across all expansive domains. You'll also find heaps of suggestions for planning, planting, and caring for learning gardens, gardens grown vertically on a wall or fence, and even rooftop gardens. opportunities Cultivate children's wonder and appreciation for nature. offered by gardening with children a garden suited to your unique setting, such as container gardens, raised beds, in-ground This book provides D New content reflecting childhood issues and gardening trends that have surfaced in recent years, including concerns that children are becoming alienated from nature and that childhood obesity is becoming an epidemic D More than 60 hands-on learning activities for children of all ages to explore plants and garden creatures D Vibrant photographs and classroom stories showcasing great programs from around the country D Resources to help your garden flourish, seed and garden supply lists, information on poisonous plants, and books about gardens and garden creatures S a r a S ta r b u c k is an associate professor in the Department of Human Environmental Studies and administrative director of the Early Childhood Centers for Training, Research, and Education at Southeast Missouri State University. For over thirty years, Dr. Starbuck has been deeply involved in connecting children to nature and helping adults understand the importance of nature in children's lives. M a rl a O lthof has nine years of teaching experience with toddlers and preschoolers. She has trained teachers in a multitude of settings, including undergraduate practicum experiences and student teaching at Southern Illinois University, at the Purdue University Calumet Head Start Resource Center, in college courses, and at local, state, and national conferences. K a ren M idden is a professor in Plant, Soil, and Agricultural Systems at Southern Illinois University Carbondale. She is a landscape architect and teaches courses on landscape design, designing outdoor spaces, and sustainable landscape practices. Her current research and projects include urban agriculture, green roofs, and vertical gardening. ISBN 978-1-60554-157-0 COPYRIGHTED MATERIAL $25.95


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You missed it This great deal for Ragaboo Bamboo Clothing is over. But don't despair, we've got more great deals every day.
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PAID VALUE EXPIRES ON December 9, 2021
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English translation of cubrebocas
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Gabel named Vt. state court administratorThe Associated Press | May 20,2013The Vermont Supreme Court has announced that Patricia Gabel will become the next state court administrator.
The appointment takes effect on July 27.
Gabel is now serving as general counsel to the Supreme Court and Vermont's deputy state court administrator.
She will replace Bob Greemore, who is retiring after more than 30 years as an administrator in the Vermont court system.MORE IN This Just InMONTPELIER Vermont hunting, fishing and trapping licenses for 2017 will be available Dec. Full StoryWHITE RIVER JUNCTION A Vermont National Guard member has denied a charge of sexually... Full StoryRutland City is getting $20,000 to tweak its zoning laws. Full Story
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It's only taken a few short years for gluten-free to break loose from its niche position and grow into a billion-dollar-plus star of supermarket health and wellness. What started in bread/cake/cookie mixes today extends into frozen entrees, pasta and even beer. It's become entirely possible to lead a gluten-free existence.
"The number of calls and emails I've received about gluten has gone from one or two a month to one or two a day," said Leah McGrath, corporate dietitian for Ingles Markets, Asheville, N.C. "I got an email from a customer just this morning saying, 'Thank you for what you've done. It used to be that shopping at a supermarket was like trying to pick my way through a minefield.'"
According to Packaged Facts, supermarkets have become one of the top-selling channels for gluten-free products, capturing (along with natural food stores) 30% of the market. Sales are expected to grow 20%, from $1.6 billion last year to $2.6 billion by 2012.
The demand for products has never been greater — but where is the demand coming from? Experts say there is a secondary population of gluten-free consumers just coming into focus now, and they greatly outnumber those suffering from celiac disease, a condition that requires a gluten-free diet.
"The bulk of the people following the diet don't have celiac disease but have some form of gluten sensitivity," observed Cynthia Kupper, executive director of the Gluten Intolerance Group, Auburn, Wash. "It includes the autistic community and people with other medical conditions, such as multiple sclerosis, rheumatoid arthritis or skin diseases, where, when they take gluten out of their diet, they tend to feel better."
Gluten's impact on these conditions remains unknown, but it hasn't stopped people from eliminating wheat and other grains from their diets. To satisfy this extensive demand, supermarkets have been adding products to shelves and emphasizing outreach in their service roles. Donna Dolan, a corporate dietitian at West Des Moines, Iowa-based Hy-Vee, says many of the chain's 125 store dietitians host local meetings of celiac support groups.
"This is really a growing, large population, and they're a tight-knit group," she said. "In some communities, we've actually started the groups. It gives us an opportunity to sample new items on our shelves and stock what these shoppers need."
It's not uncommon for many supermarkets to publish a list of gluten-free products on their website. Hy-Vee and Ingles do this for both brand names and their private labels. The latter has emerged as a surprise beneficiary of the gluten-free movement.
"That's one of the big changes I've seen among gluten-free products — the selection among private label that we now have," said Kupper. "These are big names, too: Whole Foods, Wal-Mart, Safeway, Kroger. It's really a mainstream thing."


text:
BP Cover-up in Pensacola, FLorida
BP finally announced, after knowing for over a month now, that there is still oil in Pensacola Bay. The band against fishing was lifted over a month ago as well. Three people who live on Perdido Be
By: WoMenHead | Comments: 11 | Views: 10195 | Votes: 0 | Shared: 0
Leaked: Aug-29-2010 in Citizen Journalism
Pensacola, FL - Economy
JULY 31, 2010 - A look back at events of this past week, here in Pensacola, Florida. Monday I seen an electrician standing on the corner of Fairfield and Mobile Hwy looking for work, or any type of
By: WoMenHead | Comments: 19 | Views: 8569 | Votes: 2 | Shared: 1
Leaked: Jul-31-2010 in Creative
PENSACOLA, FL - Where Only the Strong Survive
A Pensacola Video regarding Hurricanes Ivan and Dennis, as well as addressing the BP Oil Spill. P'cola People are like the cactus. You can take the water away, but we'll still survive.
By: WoMenHead | Comments: 2 | Views: 6117 | Votes: 1 | Shared: 0
Leaked: Jul-24-2010 in Creative
The BP Blues on Pensacola Beach, FL
The news media here in Pensacola is leading people to believe that it's ok to get into the water and enjoy the beach experience. They've even put out commercials in my home State of Ohio telling peop
By: WoMenHead | Comments: 4 | Views: 9320 | Votes: 0 | Shared: 0
Leaked: Jul-13-2010 in News, Citizen Journalism
The Pensacola Beach Blues
Although Pensacola Beach Business are reporting a 50% loss in revenue for the summer, hotels were filled to capacity, and approximately 9,500 vehicles passed through the toll gates to watch the Blue A
By: WoMenHead | Comments: 8 | Views: 9092 | Votes: 0 | Shared: 0
Leaked: Jul-11-2010 in Creative, LiveLeaks
Plans to Evacuate Tampa Bay Are Put Into Place ; Pensacola Beach Closed
Gulf Oil Spill 2010: Plans to evacuate Tampa Bay area are in place. As FEMA and other government agencies prepare for what is now being called the worst oil spill disaster in history, plans to
By: Songun | Comments: 18 | Views: 8657 | Votes: 1 | Shared: 0
Leaked: Jun-24-2010 in News
Pensacola Blacks Angry About Chamber of Commerce promotion
"They know what the hell they're doing," he said. "They know they're excluding us...what I see doesn't include the diversity of this city." ****************** ****************** A new video a
By: Songun | Comments: 43 | Views: 8773 | Votes: 0 | Shared: 1
Location: Pensacola, Florida, United States | Leaked: Feb-13-2010 in News
Gustav as seen from Pensacola, Fl.
Bad cam. work but 8 am storm band coming through Pensacola, Fl. Heavy winds, not a lot of rain, 5,300 without power, tornado warnings.
By: RavenStorm | Comments: 28 | Views: 9852 | Votes: 2 | Shared: 0
Leaked: Sep-1-2008 in Your Say, Citizen Journalism
Stormy day in Pensacola 8/12/08
Stormy day in Pensacola 8/12/08
By: spradling100164 | Comments: 1 | Views: 4800 | Votes: 0 | Shared: 0
Leaked: Aug-14-2008 in Other
blue angels show 2006 pensacola fla
Blue angels show 2006 Pensacola,Fla
By: spradling100164 | Comments: 3 | Views: 6665 | Votes: 0 | Shared: 0
Leaked: Aug-4-2008 in Other
Pensacola Beach Party - US
26 April 2008 - Escambia County deputies respond to a large gathering on Pensacola Beach. "We were getting bottles and rocks and full beer cans thrown at us," said Sgt. Bain Custer, who is assigned
By: SGT_USMC | Comments: 224 | Views: 199342 | Votes: 2 | Shared: 11
Location: Pensacola, Florida, United States | Leaked: Apr-29-2008 in Citizen Journalism
Day Care Center Takes Direct Tornado hit in Pensacola
10/18/07 Pensacola Florida, live report from the scene, as parents come to get there babies, no serious injuries reported.
By: bellava | Comments: 12 | Views: 9831 | Votes: 0 | Shared: 0
Leaked: Oct-18-2007 in News
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text: Multi-instrumentalist Gordon Titcomb, best known for his work on pedal steel guitar and mandolin, became interested in string instruments at an early age, asking for a guitar as a Christmas present as early as the age of four. His first influence was the folk music of the early '60s, though by the seventh grade he was in a band that covered British Invasion rock. At age 17, Titcomb took an approved 6 month sabbatical from boarding school to move to Denver to play with Mike Willi... Read more


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New G Train Ridership Stats Prove Why a Full Line Review Is Needed ASAP
A few months ago, we learned that the MTA would bow to the demands of everyone and finally take a look at the dreaded G train. You know, the Crosstown Express, the green one, the one that comes whenever the hell it wants. A full line review and decision will come in July and, if yesterday's news is any sign, there's no better time for this subway to get a makeover.
Between 2011 and 2012, 2,000 additional straphangers joined the ranks of the G train ridership. This is, of course, due mostly in part to the rise of real estate fortunes in neighborhoods off the line, like Fort Greene, Carroll Gardens, Prospect Heights, etc., etc. The construction of Barclays certainly helped (and will further contribute to these skyrocketing numbers), too.
In a statement to Gothamist, an MTA spokesperson explained the imminency these stats now present:
We will of course use the latest ridership figures as we assess G Line service, but total ridership is only one of the elements we use to determine levels of service. Transit schedules are, in fact, based on ridership through the peak load point of a route at any given time and these measurements are taken a minimum of three times each year. The last time we looked at ridership trends, the level of service on the G was sufficient, but we will continue to analyze.
Not sure when "sufficient" service took place. But, for numerous reasons, be thankful July is just around the corner.
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Keep your professional affairs in order with the stylish Madison ankle boot from Stacy Adams. Supple kid leather is offset by a clean captoe accent for distinctive composure. Flexible rubber sole and cushion footbed promote a comfortable stance for renewed focus.
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Prices, promotions, styles and availability may vary by store and online.
Action - Semi-Auto
Gauge - 12 Ga.
Chamber - 2-3/4"
Barrel Length - 28"
Weight - 7.2 Lbs.
Advertised as "the gun that never runs out," the Double Automatic is a unique two shot semi-automatic shotgun. Designed to be simple and portable, the Double Automatic is built with the same quality as other Browning firearms. The Twelvette features a unique bronze-colored receiver with a gold trim, a ventilated rib, a bead front sight with a white bead rear, a trigger-guard mounted safety, and a fixed modified choke. Its wood, metal, and bore are all in good condition.


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There is a much less expensive alternative to the Brown Bore - the twin tunnels that the governor wants to drill to allow Sacramento River water for Los Angeles and corporate farmers to bypass the Delta.
Let me tell you how it will be
Does the Manteca City Council ignore the California Constitution?
Want to see the future?
Beware of unintended consequences.
Manteca's police and firefighters - just like many other municipal and private sector workers - have gone without a pay raise for three to four years. And in many cases, people have had their pay cut over the past three to four years either through a reduction in what they earned per hour or having hours cut back. Even those paid via set salaries have had their compensation slashed while being expected to work more.
RIPON - It's easy to write about someone in business who is always there for you when you call, or go by their office in need of help or direction.
They just don't get it.
Mike Morwit is a nice enough guy.
Pity the poor souls who make a living as PG&E company spokespersons.
Congress is finally going to do something to stop killing jobs and bleeding local governments.
Ken Hafer is the Dean of Manteca History.
Virginia Garrett - my high school English teacher who also happened to live across the alley when I was growing up - stopped me one day on the street.
Old Man Sol has the Northern San Joaquin Valley in a Half Nelson.
Do you believe the wearing of a gang tattoo is an indication one might be a gang member?
Page 111 of 203
Some educational elitists frame it as "just selling the farm."
First comes Halloween. It's just a warm-up for the real scary event - Election Day.
Questions on everything from water supplies and retaining law enforcement officers to how the city should handle homeless were fielded by Ripon City Council candidates ...
Manteca's food waste combined with methane gas from the municipal wastewater treatment plant could generate enough compressed natural gas to power properly-equipped vehicles averaging ...
On paper the wars in Iraq and Afghanistan are over.
It was arguably the darkest hour in the 50-year history of the Manteca Unified School District.
Streets in Ripon and other cities can develop wear and tear over time from the elements and extensive use.
Manteca Parks & Recreation's first fall special event takes place on Friday, Oct. 14, when the Manteca Youth Advisory Commission stages the annual mother-son dance.
OK. I confess. I was 5-foot-10 and weighed 260 pounds in the seventh grade.
Jeff Zellner doesn't want other Manteca families to go through what his did.
Living your life in real time on social media is not wise.
You know how it happened.
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text: Which actor do you believe is more suitable for playing as Batman: Christian Bale or Ben Affleck? 70% 7 votes Christian Bale 30% 3 votes Ben Affleck studiepie (mr j) published on October 02 1 quiz4 questions7 polls9 pages Follow Create a Poll on Qfeast. It's just too easy! Star Poll Be the first to add this poll to starred list! ▼Scroll down for more polls▼ Comments (0) Be the first to comment Subscribe


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They once were called family doctors. Now they are called primary care specialists and they are the doctors you see for aches and pains, fevers, rashes and other routine ailments.
Finding one is getting harder and harder. For years medical associations have been sounding the alarm over a growing doctor shortage, mainly primary care physicians working in rural and inner city areas.
Researchers at the George Washington University School of Public Health and Health Services (SPHHS) have just completed a study showing that this shortage is getting worse. The study found that fewer than 25 percent of new doctors go into primary care and only a small fraction, 4.8 percent, set up shop in rural areas of the U.S.
"If residency programs do not ramp up the training of these physicians the shortage in primary care, especially in remote areas, will get worse," said lead study author Candice Chen, an Assistant Research Professor of Health Policy at SPHHS. "The study's findings raise questions about whether federally funded graduate medical education institutions are meeting the nation's need for more primary care physicians."
Where's the accountability?
Yes, federal tax dollars go to programs that are supposed to be producing these needed doctors. A combined $13 billion a year is carved from the Medicare and Medicaid budgets to support the graduate medical education system. But with the declining numbers of primary care doctors graduating from medical schools, some experts say the U.S. government is not holding residency programs receiving this money accountable.
Medicaid and Medicare invest in these programs because their recipients – seniors and the poor – depend most on primary care physicians. The SPHHS study followed the career paths of 8,977 physicians who had graduated from 759 medical residency sites from 2006 to 2008, looking at where they ended up practicing three to five years later. Only 25% of the graduates were in primary care, the study found. In addition, nearly 200 of the 798 institutions receiving money to produce primary care doctors produced none at all.
Demand about to increase
This shortfall of primary care physicians is occurring at just the time they are most needed. The Affordable Care Act, also known as "Obamacare," goes into effect in January, with estimates of millions of additional people looking for a doctor. These new patients who live in rural areas may have a particularly hard time finding a health care provider.
The Association of American Medical Colleges (AAMC) has estimated that the U.S. needs about 20,000 more physicians and that the shortfall will increase to 100,000 in the next decade. One solution, it says, is to turn over some primary care responsibilities to other health care professions.
AAMC commissioned a poll of patients and found that, while about half of Americans prefer physicians as primary care providers, they are willing to be treated by nurse practitioners and physician assistants if it means getting faster treatment.
"As this nation faces a critical doctor shortage – 90,000 by the year 2020 – we must find ways to be certain patients have access to the care they need," said Darrell G. Kirch, M.D., president and CEO of the AAMC. "By our estimate, training 4,000 more doctors a year is a critically important part of the solution. But medical schools and teaching hospitals also are exploring innovative methods of care delivery that involve all members of the team to address patient needs when appropriate."
Kirch said the study shows that Americans are open to the possibility of being treated by someone other than a doctor. While it's not a complete solution, he said allowing other professionals to make bigger contributions could help meet critical needs.


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1885 CATHERINE Avenue, Muskegon 49442
See more homes for sale in Muskegon, MI
This property has been Sold!
09/29/2016 at $95,000
WELCOME HOME to your traditional house,with lots of character and real, original wood floors,trim and stairwell. Well cared for, this home has a newer roof, newer furnace,water heater. Formal dining room, garage and basement.Main floor laundry. lots storage. Rec room in basement is finished with an electric fireplace that can stay.Large fenced in yard, with double gate, lilacs are out too! Has 90% plus energy efficient furnace. ALL but one , windows have been replaced with triple panes. Lots of storage, high ceilings in bedrooms in upper level. Has 2 stall attached garage too. Built in drawers. Pantry and lots of storage. Taxes are NON homestead.Must see inside this lovely home. Pictures of inside will be uploaded at later date.Buyer to verify all information.
Property Information
- Status
- Sold
- Address
- 1885 CATHERINE Avenue
- City
- Muskegon
- Zip
- 49442
- County
- Muskegon
- Township
- Muskegon
- Possession
- Immediate After
- Siding
- Vinyl
- Above Grade SqFt
- 1,850
- Garage Desc.
- 2, Attached
- Water
- Public
- Sewer
- Public
- Year Built
- 1948
- Taxes
- $1,455
Rooms and Land
- Basement
- Full Basement
- Heating
- Forced Air
- Acreage
- 0.28
- Lot Dimensions
- 100 x 124
- # Fireplaces
- 1
- Fireplace Desc.
- Yes
- Exterior Materials
- Vinyl
Listing Video for 1885 CATHERINE Avenue, Muskegon MI 49442
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Listing Courtesy of Five Star Real Estate
Office Address 3597 Henry Street Suite 103
Listing Agent Mary Kalisz
Listings last updated: . Some properties that appear for sale on this web site may subsequently have been sold and may no longer be available.
Our Michigan real estate agents can answer all of your questions about 1885 CATHERINE Avenue, Muskegon MI 49442. Real Estate One, Max Broock Realtors, and J&J Realtors are part of the Real Estate One Family of Companies and dominate the Muskegon, Michigan real estate market. To sell or buy a home in Muskegon, Michigan, contact our real estate agents as we know the Muskegon, Michigan real estate market better than anyone with over 100 years of experience in Muskegon, Michigan real estate for sale.
The data relating to real estate for sale on this web site appears in part from the IDX programs of our Multiple Listing Services. Real Estate listings held by brokerage firms other than Real Estate One includes the name and address of the listing broker where available.
IDX information is provided exclusively for consumers personal, non-commercial use and may not be used for any purpose other than to identify prospective properties consumers may be interested in purchasing.
All information deemed materially reliable but not guaranteed. Interested parties are encouraged to verify all information. Copyright© 2016 MichRIC LLC, All rights reserved.


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DLS Guest House
Arumbakkam, Chennai, Tamil Nadu - 600 106
DLS Guest House, Chennai - Overview
DLS Guest House is located on 100 Feet Road in Chennai. It is budget property which offers guests accommodation at affordable rate. Guest house provides front desk staff available throughout the day to cater the guests needs during the stay. Room service serves various dishes at right to your room. Travel counter is there to arrange tour and also gives guidance. The basic amenities available for a comfortable experience includes room service, front desk, air conditioning, parking and 24-hour security. Well-appointed rooms offer a relaxing ambiance and are equipped with all the essential amenities. Guests can also pay a visit to Sri Parthasarathy Temple, beautiful Elliot's Beach, Kapaleeshwar Temple while touring Chennai.
24 hr check-in/check-out policy.
This hotel allows you to check in at anytime on your check-in date. You can also check-out at the same time on your check-out date.
Check availability for DLS Guest House, Chennai
Why book with Travelguru?
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We are sorry, the hotel is not available as of now
Please click here to search for other hotels in this city. You can call us on +912242754878 for any clarification.
DLS Guest House, Chennai - Amenities
- Front desk
- Laundry facilities
- Medical services
- Multilingual staff
- Newspaper
- Park Nearby
- Room service
- Suitable for children
- Travel counter
- Attached Bathroom
- Bottle opener,Wardrobe, water
- Bottled/drinking water
- H/C running water
- Makeup mirror
- Premium TV channels
- Television-Room
- Wakeup-calls
- window opens


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Marquette University student dies in car crash
A 20-year-old Marquette University student in the College of Health Sciences died Monday in a car accident in her home state of Indiana, according to the university and news reports.
Brooke Peters of Steuben County, Ind., was driving home from a summer class at Indiana University–Purdue University Fort Wayne when her car was rear-ended and pushed into oncoming traffic. Her car was struck by a dump truck on the driver's side, according to a report in the Fort Wayne News-Sentinel.
According to stories in the News-Sentinel and the Fort Wayne Journal Gazette, Peters was a survivor of a rare genetic disorder called neurofibromatosis, which grows tumors on nerve tissue and compresses the surrounding nerves and tissues, essentially rendering the afflicted area helpless.
Although she was once told she'd never walk, Peters underwent 19 corrective surgeries at Shriners Hospital in Chicago. She went on to become play high school volleyball and was studying physical therapy at Marquette. She lived on McCormick Hall's community floor last year, according to an e-mail from the university to students.
The visitation/wake will be held from 2 p.m. to 8 p.m. Friday, July 24, at Feller Funeral Home, 875 S. Wayne St., Waterloo, Ind. The funeral service will be at 11 a.m. Saturday, July 25, at the New Life Community Center, Hamilton, Ind.
Campus Ministry is take a group of about 14 students to the services today and tomorrow, but vans are now full, said Emily Schumacher, a staffer with Marquette's campus ministry.
Memorials may be directed to Shriner's Hospitals For Children, 2211 North Oak Park Ave., Chicago, IL 60707.
- Herb Kohl gifts $1.5 million to support public policy and governance research at UW-Madison
- New fed legislation to help Pell recipients rooted in UW-Madison research
- Marquette's chief financial officer to retire after 15 years in that job
- UW-Madison retains No. 25 world ranking
- MSOE hires new leader for nursing school from Alverno
- UW System's new spokesperson worked for several state agencies
- Interest rates dropping July 1 for new federal student loans
- Marquette names new VP for student affairs from Washington College
- New online site connects families with summer fun, learning opportunities
- UW-Eau Claire faculty passes no-confidence resolution in split vote
More Education Coverage
- Nonprofit literacy program educates Ozaukee inmates on job readiness
- UW-Madison rolls out new freshman training after racial incidents
- Alan J. Borsuk: Pull of neighborhood schools remains weak in Milwaukee
- Opposition stalls hearing on military-style voucher school
- Hope Christian poised to expand with $2 million gift
Parents, don't wait till summer ends to get your kids ready for school. Use this interactive, printable checklist to prepare.


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Keyes Park Expansion
The Keyes Park Expansion Committee was appointed by the Board of Selectman and charged with developing short and long term recommendations for the integration of 127 Elm into Keyes Memorial Park. The committee has been meeting bi-monthly since April to research, analyze and formulate a set of recommendations. They presented a summary to the BOS on November 14, 2016 | Summary Presentation


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Penguin Dressed For Winter
Colorful cute design to display on your classroom doors, walls or windows. Laminate to make a write on/wipe off sign and give lasting durability or enlarge for a theme chart.
Subject: Seasons and Weather Theme: Winter Themes, Penguins Type: Clip Art and Images File Size: 69 KB
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The Close of the Obama Era: What It Means for Employers
Employment Law This Week: Trade Secrets, Banker Bonus Restrictions, Musicians Are Employees, Misclassification Violates NLRA
Employment Law This Week: Sexual Orientation Discrimination Suits, Tip Pooling, Successor Liability, Trade Secrets, Workplace Solicitation
Aboveground Storage Tanks: Where Are We Now?
Protecting IP Through Employment Law
Meritas Capability Webinar - California's Prohibition Against Non-Compete Agreements (B&P Code § 16600), the Protection of Trade Secrets and the Practical Relationship Between the Two
Intellectual Property Law Issues for Health Care Providers
IP|Trend: Discovering Source Code
Protecting Trade Secrets During Business Collaboration
The Intersection Between Intellectual Property Law and Employment Law
The Evolution of Trade Secret Damages
IP|Trend: International Remedies for Misappropriation of Trade Secrets
Protecting Trade Secrets When Employees Depart
Breaking Bad: Is Final Episode a Trade Secret?
ITC: Protecting Intellectual Property in the US – Interview with Joe Hameline, Member, Mintz Levin
Employer Issues: Trade Secrets & Class Action Lawsuits – Interview with David Barmak, Member, Mintz Levin
Polsinelli Podcast - Social Media at Work - What's Allowed and What Isn't?
How to Protect Your Company From Hackers
Federal Economic Espionage Act Overview
If, like me, you're a fan of PBS and its soothing, soft-focus, food-related shows (ahem, Great British Bake-off), you were probably devastated when you heard that longtime host Chris Kimball, was leaving America's Test...more
Mean Girls v. The Right of Publicity: Lessons Learned From the Lohan and Gravano Lawsuits -
On September 1, 2016, a New York appellate court ended two closely watched right of publicity lawsuits brought by Lindsay...more
With all the hubbub over the Presidential election, it would not be hard to overlook some of the Obama administration's final moves. Recently, the White House issued a call to action to state legislators to ban non-compete...more
On October 25, 2016, the White House published a State Call to Action on Non-Compete Agreements urging states to reform their non-competition laws. The call to action follows an earlier report from the White House which...more
In the landmark misappropriation case International News Service v. Associated Press, 248 U.S. 215 (1918), the Supreme Court identified a quasi-property right created by the investment of effort and money in an intangible...more
It is no secret that America's energy industry depends upon the trade secret status of its products, techniques, and procedures for much of its continued success. As oil prices remain volatile, trade secret and intellectual...more
On October 25, 2016, the White House published a "State Call to Action," urging states to reform their noncompetition laws. The Call to Action follows an earlier report from the White House which concluded that noncompetition...more
Virgin Galactic expanded and continued its attack on its former VP of Propulsion, Thomas Markusic, and his new company, Firefly Space Systems, this month. Markusic co-founded Firefly around the time he left Virgin Galactic,...more
The following is an overview of considerations to be taken into account by targets wishing to sell, and purchasers wishing to purchase, government contracting businesses.
Please see full Alert below for more...more
Fresh off of signing the Defend Trade Secrets Act, the White House released a report yesterday entitled "Non-Compete Reform: A Policymaker's Guide to State Policies," which contains information on state policies related to...more
I was giving a talk recently when a senior executive asked me, "If we have the time and resources to focus on just one thing to improve our information security, what would you suggest?" I didn't hesitate: "Train your...more
On October 25, 2016, the Obama Administration issued a "State Call to Action on Non-Compete Agreements." This call to action is part of President Obama's Executive Order directing states to increase competition for workers...more
Now that the days are growing short, and the summer sun gone, leaving us with overcast skies and wind driven mists clinging to the rain-soaked hills, the mood is set for telling stories of ghouls, goblins, and other specters...more
Earlier this year, Congress passed the Defend Trade Secrets Act ("DTSA"), a comprehensive amendment of existing legislation that previously addressed economic espionage and now provides for a private federal civil cause of...more
On September 9, 2016, the Pennsylvania Superior Court upheld an award of $4.5 million in punitive damages against several former employees, who violated non-compete/non-solicitation agreements with their former employers. In...more
A company's greatest assets may be its intellectual property. Properly protecting such assets then may be the key to continued success. Below are some questions to consider as a health check for your IP assets.
One misconception is that NDAs must contain certain exclusions as to what constitutes confidential information. Although these exclusions commonly appear in most forms of NDA's, no law or rule requires they be part of the...more
A company's trade secrets are its lifeblood, but they are valuable only if they remain secret. Faced with a growing rise in theft from foreign hackers, nation states, and rogue employees, trade secret owners now have a new...more
It has been nearly five months since President Obama signed the federal Defend Trade Secrets Act ("DTSA") on May 11, 2016, extending federal protection to trade secrets. In the past few months, employers around the country...more
Concerns about trade secret theft have been increasing in both the United States and Europe in recent years. Traditionally, American law disfavored trade secret protection vis à vis patenting on the basis that publication of...more
On May 11, 2016, President Obama signed the Defend Trade Secrets Act of 2016 (the "DTSA" or the "Act") into law. Prior to enactment of the DTSA, the law governing trade secrets was left to the states, most of which have...more
A Texas Court of Appeals held on August 22, 2016, that a former employer was entitled to $2.8 million in attorney's fees against a former employee who used the employer's information to compete against it. The Court reached...more
Your business's formula for success may not be akin to a recipe for a secret sauce. But it is likely that you do not want to share with your direct competitors the unique business methods you have developed over time or your...more
American corporations are facing an ever increasing threat of misappropriation of their valuable trade secrets through industrial espionage, defined as the theft of a company's trade secrets by an actor intending to convert...more
On May 11, 2016, President Obama signed the Defend Trade Secrets Act (DTSA), creating a new federal cause of action for the misappropriation of trade secrets. Prior to the DTSA, trade secret claims were governed by state law....more
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March 22, 1988
PHYLLIS C. KINZER, a taxpayer on behalf of and for the
523 N.E.2d 919, 169 Ill. App. 3d 447, 120 Ill. Dec. 8 1988.IL.390
Appeal from the Circuit Court of Cook County; the Hon. David J. Shields, Judge, presiding.
APPELLATE Judges:
JUSTICE SCARIANO delivered the opinion of the court. HARTMAN, P.J., and STAMOS, J., concur.
This taxpayer's action seeks a declaratory judgment against defendants City of Chicago and Festivals, Inc., and alleges that certain city officials acted unlawfully by entering into certain contracts and expending public funds without an appropriation being made therefor by the city council. The plaintiff, Phyllis C. Kinzer, also prays for damages against several of the officials and their sureties for losses the city allegedly sustained thereby. The circuit court entered an order granting summary judgment in favor of defendant Daniel Grim, former city comptroller, and in that same order the court also denied Kinzer's motion for a summary judgment against the City of Chicago and her motion for partial judgment against Grim on the issue of liability. Kinzer filed a timely appeal of that order.
In 1978, the City of Chicago began sponsoring festivals known as "ChicagoFests." The 1978 ChicagoFest was financed by receipts from the hotel operators tax levied by the city and deposited in the hotel operators tax fund. These monies were used for the promotion of tourism, as is required by State law. (Ill. Rev. Stat. 1985, ch. 24, par. 8-3-14.) All expenditures from the fund, designated Fund 355, which the parties agree is a special fund, were made at the discretion of the mayor, as is permitted by the same law, and the city comptroller submitted accountings for such expenditures to the city council.
The comptroller at that time, Clark Burrus, established Fund 666 as separate from Fund 355 in order to account for ChicagoFest receipts and expenditures. Fund 666 initially was financed by "seed money" transferred from Fund 355. When expenses for the 1978 ChicagoFest exceeded income, the resulting deficit was charged against Fund 355. Burrus reported all of these developments to the city council.
In April 1979, certain monies in Fund 355 were transferred into Fund 666 and used to finance the 1979 ChicagoFest, which turned out to be a profitable event. Nevertheless, the profits therefrom were not transferred into Fund 355; instead, all of the receipts from the festival remained in Fund 666. In that year, defendant Comptroller Raymond Coyne, who succeeded Burrus, designated Fund 666 as a "Special Revenue Fund."
In June of 1980 Grim became comptroller, and during his tenure expenditures for all festivals and other events sponsored by the "Mayor's Office of Special Events" (hereinafter MOSE), including the 1980 ChicagoFest, were charged to Fund 666. Meanwhile, all of the receipts from the hotel operators tax were still going into Fund 355, which was being used to pay for the expenses of the city's other tourist promotion activities. In 1981, Grim executed a contract engaging Festivals, Inc., to manage another ChicagoFest as well as "Loop Alive," "Circus Parade," "Taste of Chicago," and "Autumn Fair," all of which incurred losses that were accounted for in Fund 666, the operating fund for these events. At the end of 1981, Grim's successor, defendant Anthony Fratto, charged the deficit of Fund 666 to the City of Chicago's corporate fund. Fund 666 continued to be used to finance festivals and various MOSE-sponsored events until February 1983, and during this period the deficits increased markedly.
In August of 1982, Kinzer brought this action seeking declaratory and injunctive relief, and a return to the city of funds expended for the festivals by Festivals, Inc., against the City of Chicago, former Mayor Jane M. Byrne, the city's purchasing agent (James Arnold), Festivals, Inc., and its president, Thomas Drilias. In her initial complaint, plaintiff alleged that the city's contracts with Festivals, Inc., and the resultant expenditures were illegal because no funds had been appropriated therefor. In February of 1983, an agreed permanent injunctive order was entered in which the city stipulated that it would refrain from entering into contracts for festivals and from expending further funds for festivals in the absence of prior appropriations being made for them by the Chicago city council.
In August of 1983, Kinzer filed her second amended complaint wherein she named as additional parties Jane Byrne's chief of staff (Thomas Geary), the comptrollers of the city during the Byrne administration (Coyne, Grim, and Fratto), the surety companies that bonded these defendants (Fidelity and Deposit Company of Maryland, and United States Fidelity and Guarantee Company), and several subcontractors for the festivals. Following argument on motions to dismiss and for summary judgment (Ill. Rev. Stat. 1985, ch. 110, pars. 2-615, 2-619, 2-1005) filed by the defendants, the trial Judge dismissed the subcontractors, reasoning that they were not liable to repay money they had received for services they had already performed, and granted plaintiff leave to file a third amended complaint. Plaintiff did file a third amended complaint, but did not appeal from the order dismissing the subcontractors.
After Kinzer filed her third amended complaint, defendants filed additional motions to dismiss and for summary judgment which were based on the contention that plaintiff's action was barred by a judgment in another case involving different parties, but substantially the same issues, under the theory of collateral estoppel. Following the circuit court's denial of these motions, the public officials filed answers and counterclaims and several were granted leave to add third-party defendants. On Grim's motion former Mayor Michael A. Bilandic, Burrus, former corporation counsel Quinlan and Garber, and several attorneys who at that time worked in the corporation counsel's office were made third-party defendants.
In October of 1985, Kinzer filed her fourth amended complaint wherein she requested that the defendant city officials, their sureties, and Festivals, Inc., be ordered to return to the city the MOSE and festival expenses paid out of Fund 666. She also prayed for a declaratory judgment that the subject contracts, i.e., those involving payment for MOSE and festival expenses, were null and void, and for such injunctive relief as the court deemed appropriate. The plaintiff alleged that the city illegally expended $28 million which resulted in losses sustained by the city of approximately $7 million.
Kinzer thereafter filed her motion for summary judgment against the city on count I (declaratory judgment), and for partial summary judgment on the issue of liability against all of the city official defendants and their sureties, except James Arnold, under count II (breach of fiduciary duty). The appendix to her motion included the affidavit of Walter Knorr, comptroller in the administration of the late Mayor Harold Washington, who succeeded Mayor Byrne. Among the material that Knorr is alleged to have relied upon in his affidavit was a memorandum drafted by an assistant corporation counsel who served under Mayor Washington, Robert Janega, which outlined the history of Fund 666. Grim filed a cross-motion for summary judgment. He also moved to strike both the Knorr affidavit and the Janega memorandum on the ground that they did not comply with Supreme Court Rule 191, which provides that affiants must attach to their affidavits the materials upon which they rely. (107 Ill. 2d R. 191.) The court took their motion under advisement, but never formally decided the issue.
Subsequently, and without leave of court, Kinzer supplemented the record with the affidavit of Allen Drebin, professor of public accounting at Northwestern University. Grim moved to strike this affidavit, which was basically an attempt to account for the funds involved in this matter, or alternatively for leave to take Drebin's deposition. At the hearing on Grim's motion the trial Judge commented as follows: "Counsel, I'm not going to consider that affidavit nor would any other Judge consider that affidavit in ruling on . . . [the plaintiff's] motion. If he did, he would be committing error, reversible error because you would have the chance to take that expert's affidavit." Nevertheless, here again the court did not formally rule on Grim's motion to strike.
On August 1, 1986, the circuit court granted from the bench Grim's cross-motion for summary judgment because it concluded that Fund 666 was a "special revenue fund." Simultaneously the court denied Kinzer's motion for summary judgment against the City of Chicago on her declaratory judgment count and against Grim as to liability. On August 20, 1986, the court issued a written order which memorialized the ruling that it had made from the bench on the first of that month. The detailed order contained many findings of fact and Conclusions of law, the most important of which was its Conclusion that as a matter of law Fund 666 was a special revenue fund. The court issued a modified order on November 3, 1986, wherein it granted Grim's cross-motion for summary judgment and denied Kinzer's motion for partial summary judgment against both the city and Grim. In its order, the court found that there was "no just reason for delay of enforcement or appeal of the order" and that all matters "relating to the remaining defendants, counts or causes of actions are stayed pending the Disposition of the imminent appeal from this order or the further order of this Court." Accordingly, the only parties to this appeal are Kinzer, Grim, and the City of Chicago. The city does not argue before this court that it was not in violation of the law; its sole argument pertains to the standard of care by which Grim's action must be Judged. The other parties named in Kinzer's fourth amended complaint are defendants in the action which is still pending in the circuit court.
Although Grim's motion to dismiss this appeal based on our supreme court's ruling in Elg v. Whittington (1987), 119 Ill. 2d 344, was denied by this court in a prior order, he reasserts the issue in his brief. The Elg court held that the time period for appealing pursuant to Supreme Court Rule 304(a) (107 Ill. 2d R. 304(a)) was not tolled by posttrial motions and that any such order must therefore be appealed within 30 days. Since Grim filed his brief, the supreme court has issued a modified opinion in Elg which states that its holding should be applied prospectively only. (Elg v. Whittington (1987), 119 Ill. 2d 344.) Therefore, this appeal is not barred by Elg.
As previously noted, Grim's motions to strike the Knorr affidavit and the Janega memorandum were never ruled upon by the circuit court, thus at this point in the proceedings both documents are considered part of the record. (People v. Waller (1977), 67 Ill. 2d 381, 367 N.E.2d 1283, People v. Thibudeaux (1981), 98 Ill. App. 3d 1105, 424 N.E.2d 1178.) However, we deem it neither necessary nor helpful to consider either of them in our deliberations over the issues in this case; and since the trial Judge made it quite plain that he did not consider the Drebin affidavit in reaching his Conclusion, we likewise do not take it into account. I
The parties are in agreement on the general rule that a municipality may not spend funds without their having been appropriated by its governing body. (Ill. Rev. Stat. 1985, ch. 24, par. 8-1-7; DeKam v. City of Streator (1925), 316 Ill. 123, 146 N.E. 550; Collins v. Village of Glen Ellyn (1959), 21 Ill. App. 2d 373, 158 N.E.2d 89.) The statute just cited explicitly provides: "No contract shall be made by the corporate authorities . . . unless an appropriation has been previously made concerning that contract or expense." (Ill. Rev. Stat. 1985, ch. 24, par. 8-1-7.) Moreover, the litigants also acknowledge that the city council did not appropriate money into Fund 666. There is an exception to the requirement of an appropriation, however, for expenditures made out of special funds. Branigar v. Village of Riverdale (1947), 396 Ill. 534, 72 N.E.2d 201; Simpson v. City of Highwood (1939), 372 Ill. 212, 23 N.E.2d 62; Izzo v. City of Loves Park (1959), 20 Ill. App. 2d 117, 155 N.E.2d 312.
Kinzer correctly maintains that Fund 666 is not a special fund because it was not legally created, but is instead one devised solely for the administrative convenience of the comptroller. The city was not required to establish such a fund, nor did the city council authorize its creation. Nonetheless, the comptroller decided to do so for some purpose not disclosed by the record; whatever the purpose, the fact remains that Fund 666 was not a legally created fund. The definitive work on municipal law explains that a fund must be legally mandated:
"When a municipal corporation, by authority of law, creates a particular fund with reference to which it contracts, any indebtedness arising on such contract is payable therefrom only. Where, however, the so-called fund is created by the city for its own convenience and not by direction of law, it is not payable from such specified fund, but is a general liability, payable out of the general funds of the city, chargeable, perhaps, to a specified accounts." 15 E. McQuillin, Municipal Corporations § 39.45, at 160 (3d ed. 1985).
The first of the "special fund" cases to be decided by our supreme court was DeKam v. City of Streator (1925), 316 Ill. 123, 146 N.E. 550, wherein the court refused to allow the City of Streator to pay an engineer who had prepared plans for a sewage system out of the special fund resulting from the sale of improvement bonds. Consequently, the court held that he could be paid only from general, or corporate funds, and according to the statute we have cited above (Ill. Rev. Stat. 1985, ch. 24, par. 8-1-7), only after an appropriation had been made for such disbursement. (DeKam, 316 Ill. at 125.) DeKam thus requires not only that the creation of a special fund be provided for by law, but also that any expenditure therefrom be legally authorized.
In the seminal case of Simpson, the City of Highwood issued water revenue bonds payable solely from the income of the waterworks project which was being financed by the bond issue. (Simpson, 372 Ill. at 214.) The plaintiffs argued "that the expenditure of the proceeds of the bonds, and the contracts for such expenditures were unlawful because there was no prior appropriation for the expense of construction, engineering services or purchase of ground," and that only the pumping and purification plant, the water tower, and the water main could be paid for out of the bond proceeds. (Simpson, 372 Ill. at 218-19.) Our supreme court held the proceeds of the bonds to be a special fund which could be used to pay all of the above-mentioned expenses of the project, including engineering fees. Although in Simpson monies were segregated pursuant to a statute, instead of by referendum as had occurred in previous cases, the court still held that the separation was sufficient to constitute a special fund. Simpson, 372 Ill. at 221.
In our supreme court's most recent pronouncement on the issue we confront in this case, the Village of Riverdale had entered into a contract with the plaintiff whereby the latter agreed to extend the village's water system into two subdivisions which the plaintiff was developing, and for which the plaintiff was to be compensated by the village's turning over to plaintiff one quarter of all water bill payments made to the village by the homeowners in those subdivisions. (Branigar, 396 Ill. at 537.) Riverdale was sued when it reneged on its contract and defended on the ground that "an appropriation must have been made in this cause before such contract with Branigar Brothers could become valid." (Branigar, 396 Ill. at 543.) The court held that since the village could pay the subject expenses only from specific water revenues, it was able to compensate the plaintiff from the statutorily authorized special fund created thereby without a prior appropriation therefor. (Branigar, 396 Ill. at 545; see also Beling v. City of East Moline (1957), 14 Ill. App. 2d 263, 144 N.E.2d 865.) The court also proceeded to distinguish DeKam on the ground that it was the precursor to Simpson, and at the time DeKam was decided the law did not permit a municipality to pay an engineer from the proceeds of special revenue bonds; however, the legislature had amended the statute to allow such expenditures by the time the Simpson case was decided. Branigar, 396 Ill. at 545.
Grim's theory is that this court should conclude that administrative officials may invent a de facto fund, in this case Fund 666, and legally recognize it as a special fund. His argument relies primarily on DeLeuw, Cather & Co. v. City of Joliet (1945), 327 Ill. App. 453, 464, 64 N.E.2d 779, which he contends stands for the proposition that a special fund need not be statutorily authorized. However, he misinterprets DeLeuw, which is analogous to DeKam, Simpson, and Branigar in that it too involves a waterworks project, and the legislature had authorized municipalities to create special funds for such projects. See Ill. Rev. Stat. 1937, ch. 24, par. 440 et seq.
In effect, Grim urges us to overrule, or at least to ignore, the well-established rule that in order to be valid a special fund must be authorized by law. Yet, it is clear that if we were to adopt this approach, we would not only be enabling, we would be encouraging, municipalities to circumvent with great facility the commendable requirement that in order to expend general funds they must first be duly appropriated. If that were to be the case, there would be no end to the number of funds that a city could proliferate for any number of controversial programs in order to avoid the appropriations process. As one court has stated, however, "[the] ultimate incidence of any debt which consumes an existing public income or resource is on the taxpayer. He cannot be insulated from that impact by the device of a special fund." (State ex rel. Meyer v. Steen (1968), 183 Neb. 297, 300, 160 N.W.2d 164, 167.) And as our own supreme court has said:
"A municipal corporation is bound only when its agents or officers, by whom alone it can act, keep within the limits of the chartered authority of the corporation. Dillon well said (Mun. Corp. 5th ed. sec. 791): 'The history of the workings of municipal bodies has demonstrated the salutary nature of this principle, and that it is the part of true wisdom and of judicial duty to keep the corporate wings clipped down to the lawful standard.'" Avery v. City of Chicago (1931), 345 Ill. 640, 649-50, 178 N.E. 351.
Since Fund 666 is not a special one, its contrivance by administrative officials made any moneys therein, perforce, part of the general funds of the city, and any expenditures from the fund were legally required to be made only through the appropriations process. At the risk of being considered to be didactic on the subject, it bears reiteration that since general revenue was spent to pay the subject expenses without an appropriation, the law was undeniably violated whenever such payment was made, including those made during Grim's term of office.
Since the city was not legally obligated to keep Fund 666 separate from the general fund and general revenue was at risk, the city was legally required to appropriate money to pay the subject expenses. Accordingly, this court need not reach the question of whether the fact that the ChicagoFest and MOSE contracts contained provisions specifying the funds they were to be paid from caused the contracts to be expressly void in the absence of an appropriation. Rather, any payments made on the contracts, regardless of the existence of such clauses therein, were unequivocally void given that such expenditures violated the statutory requirement of payment from appropriated funds. The subject contracts obviously cannot override the requirement of an appropriation, as provided for in section 8-1-7 of the Municipal Code (Ill. Rev. Stat. 1985, ch. 24, par. 8-1-7).
Finally, Grim argues that any illegality was a valid exercise of Chicago's home rule power. Our supreme court has stated that an exercise of home rule power is "acts taken by the governing board of an home rule unit, as an assertion of autonomy and independence from State control." (Sommer v. Village of Glenview (1980), 79 Ill. 2d 383, 393, 403 N.E.2d 258.) Yet in the case at bar, the city council did not assert its independence; on the contrary, it never acted at all. This omission surely does not satisfy the standard articulated in Sommer.
In sum, both the City of Chicago and Grim violated the law. Besides, as we have previously noted, the city presents no defense in its behalf; thus, there are no issues of material fact that need to be resolved as between Kinzer and the city. Therefore, the circuit court should have granted Kinzer's motion for summary judgment against the City of Chicago on count I, the declaratory judgment count. II
We must next decide whether Grim can be exonerated from liability even if he violated the law. The initial inquiry is whether Grim is protected by the Local Governmental and Governmental Employees Tort Immunity Act (Ill. Rev. Stat. 1979, ch. 85, par. 1-101 et seq.). Kinzer argues that the Tort Immunity Act is inapplicable in taxpayer actions against public officials, a contention with which Grim does not agree. In order to resolve this dispute, we must examine the nature of a taxpayer's action.
Our supreme court has stated that taxpayers "possess an equitable right to bring suit to protect their interest in public funds." (Feen v. Ray (1985), 109 Ill. 2d 339, 344, 487 N.E.2d 619.) The right of a taxpayer to enforce such an interest in public funds is a venerable one. Indeed, it is a right of action which was recognized even during the long reign enjoyed by the doctrine of sovereign immunity. (See, e.g., People v. Holten (1919), 287 Ill. 225, 230, 122 N.E. 540; see also Comment, Taxpayers' Suits: A Survey & Summary, 69 Yale L.J. 895, 906 (1960).) This equitable right is not limited or confined by section 1-5-1 (Ill. Rev. Stat. 1985, ch. 24, par. 1-5-1), which codified the case law on taxpayers' actions. (City of Chicago ex rel. Cohen v. Keane (1976), 64 Ill. 2d 559, 568, 357 N.E.2d 452.) Kinzer's taxpayer's suit seeks to assert a cause of action which has its origins in equity, a branch of our jurisprudence which, needless to say, evolved long before the 1965 passage of the Tort Immunity Act. Since Kinzer is not suing in tort, Grim cannot avail himself of any protection that the Act would otherwise afford him.
Taxpayers' actions generally request injunctive remedies. (See Comment, Taxpayers' Actions: Public Invocation of the Judiciary, 13 Wake Forest L. Rev. 397 (1976); Comment, Taxpayers' Suits: A Survey & Summary, 69 Yale L.J. 895 (1960).) Injunctive relief is not, however, the sole remedy available in a taxpayer's suit; constituents of a taxing body may also resort to such actions to recover, on behalf of the governmental entity, public funds which have been expended unlawfully. Hays v. Martin (1926), 240 Ill. App. 340, 345; J. Flaum & J. Carr, The Equitable Bill of Accounting -- A Viable Remedy for Combatting Official Misconduct, 62 Ill. B.J. 622, 627 (1974); 74 Am. Jur. 2d Taxpayers' Actions § 48 (1974).
The parties to this appeal also strongly disagree as to the applicable standard by which Grim's conduct should be Judged. Kinzer maintains that he is strictly liable; he contends that he should be held to a standard of good faith, while the corporation counsel urges us to adopt a due care standard.
When suing to recover public funds, a taxpayer is in essence requesting an accounting; hence, the touchstone to be applied in this type of action is mere illegality. (Lager v. Rea (1951), 344 Ill. App. 438, 101 N.E.2d 285; J. Flaum & J. Carr, The Equitable Bill of Accounting-A Viable Remedy for Combatting Official Misconduct, 62 Ill. B.J. 622 (1974).) The statute is clear beyond dispute in its sole requirement that the money "have been paid, expended, or released without authority of law." (Ill. Rev. Stat. 1985, ch. 24, par. 1-5-1.) Our courts have never exacted a standard of care either greater or less than the plain statutory requirement; rather, they have focused exclusively on whether the behavior complained of was illegal. (See Chicago ex rel. Konstantelos v. Duncan Traffic Equipment Co. (1983), 95 Ill. 2d 344, 356-57, 447 N.E.2d 789; Western Lion Limited v. City of Mattoon (1984), 123 Ill. App. 3d 381, 386, 462 N.E.2d 891; Hollister v. North (1977), 50 Ill. App. 3d 56, 58, 365 N.E.2d 258.) Accordingly, Grim must be held strictly liable for his violations of the applicable rule of law. III
Grim argues that Kinzer's suit is barred by res judicata and collateral estoppel based on the 1983 agreed injunctive order. We find this argument to be without merit.
Collateral estoppel and res judicata do not obtain in cases wherein a consent decree is entered. It should be recognized that the case cited by Grim, Keim v. Kalbfleisch (1978), 57 Ill. App. 3d 621, 373 N.E.2d 565, involved dismissal with prejudice and not a consent decree; thus it is distinguishable from the case at bar. Being a consent decree, the agreed order herein is not the result of litigating the merits and hence not a "judicial determination." (Massell v. Daley (1949), 404 Ill. 479, 484, 89 N.E.2d 361; accord Picardi v. Chicago Truck Drivers (N.D. Ill. 1983), 581 F. Supp. 794.) On the contrary, the order in this case is to be contrasted with that of a dismissed case; for "a dismissal 'with prejudice' is as conclusive of the rights of the parties as if the suit had been prosecuted to a final adjudication adverse to the plaintiff." Keim, 57 Ill. App. 3d at 624.
In addition, Kinzer correctly points out that the instant action is not barred by collateral estoppel or res judicata since its does not rely solely on the evidence which was integral to the injunction. For example, information concerning the existence and amount of damages for which Grim may be liable was not relevant in the prior settlement, but is a critical factor in resolving the issues presently before this court. Picardi, 581 F. Supp. at 797; Pillsbury v. Early (1927), 324 Ill. 562, 565, 155 N.E. 475.
In Conclusion, the subject contracts were funded in violation of law. Accordingly, we reverse the circuit court and remand for further proceedings consistent with this opinion.
Reversed and remanded.
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