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Robert Mutai & 135 others v Public Service Board Elgeyo Marakwet & 3 others [2021]eKLR
Robert Mutai & 135 others v Public Service Board Elgeyo Marakwet, Elgeyo Marakwet County Executive Comitte Finance & 2 others
Reference dismissed
IN THE EMPLOYMENT AND LABOUR RELATIONS COURT OF KENYA
AT UASIN GISHU
CITATION: ROBERT MUTAI AND 135 OTHERS VS PUBLIC SERVICE BOARD
ELGEYO MARAKWET AND ELGEYO MARAKWET COUNTY
EXECUTIVE COMITTE FINANCE AND 2 OTHERS
1. The respondent /Applicant herein filed a Chamber Summons dated 7th April, 2021 seeking orders among others that: -
(a) There be a stay of execution pending hearing of the reference.
(b) Setting aside of the instructions fees and getting up fees and the Claimant bill of costs dated 29th October, 2020 be remitted to another taxing officer for reassessment.
2. The application was brought on the grounds among others that the question of the award on the instructions fee was excessive and that the taxing officer did not consider relevant factors in her ruling of 26th March, 2021.
3. In support of the application, Mr. Tororei for the applicant submitted in the main that the taxing officer in awarding Kshs. 3,900,000/= as instruction fees made an error in principle by failing to consider relevant factors including failure to appreciate that instruction fee is independent and static and is not determined by what stage the proceedings had reached and that in awarding the said amount, the taxing officer exercised her discretion wrongly. Counsel further submitted that in awarding the said sum, the respondent will be greatly prejudiced as the same was excessive thus denying them their constitutional right of access to justice at a reasonable fee.
4. Mr. Tororei further submitted that the claim was for a sum of 43 million and the Court correctly stated the instructions fee to be Kshs. 879,460/=. The taxing officer however proceeded to award a sum that was five times the instructions fee set out in law.
5. On the question of jurisdiction and competency of the application before the Court, Counsel submitted that article 159 of the Constitution enjoins the Court to administer justice to all parties without undue regard to technicalities. This approach was adopted to nip in the bud the guillotine approach where matters were dispensed with summarily for minor breaches of the rules.
6. Concerning rule 11 of the Advocates Renumerations Order, Counsel submitted that it stipulates that a party objecting to the decision of the taxing officer to give 14 days' notice in writing to the taxing officer of the items of taxation to which he objects upon which the officer will give reasons for the decision and Objector may within 14 days of receiving the said reasons apply to the Judge setting out grounds of the objections.
7. In the case before me Mr. Tororei submitted that the taxing officer gave the reasons on every item of the award hence it was not necessary again to give the requisite notice under Rule 11. In support of this submission Counsel relied on the case of Murei Mwaniki and Wamuti Advocates African Banking Corporation (2020) eKLR and Evans Thiga Gaturu vs Kenya Commercial Bank Ltd (2012) eKLR.
8. Regarding whether the Court should intervene in the matter, Mr. Tororei submitted that the guiding principle as to when the Court can intervene over a reference were set out in the case of First American Bank of Kenya vs Shah and Others (2002) EA 64 and appreciated in R v Commissioner of Domestic Taxes ex-parte Ukwala Supermarket and 2 Others (2018) eKLR. Where it was stated among others that the Court could not interfere with the taxing officer's decisions on taxation unless it was shown that either the decision was based on an error of principle or the fee awarded was manifestly excessive as to justify an inference that it was based on an error of principle.
9. According to Counsel, the taxing Officer erred in principle by awarding Kshs. 3,900,000/= as instructions fees by failing to consider relevant factors and in the process exercised her discretion wrongly and unjustifiably. The taxing Officer erred in principle in considering that the issues raised by the Claimants were complex in nature in absence of certificate to that effect by the trial Court. Further that a perusal of the ruling demonstrates that the taxing Officer failed to cogently identify what made the issues in the matter complex to justify an exorbitant increase of instruction fees. There was nothing in the proceedings that did not require normal diligence expected of Claimant's counsel in the conduct of the same. Secondly the taxing officer made an error in principle in considering that from the voluminous pleadings, the time and resources put in by the Claimants in prosecuting this matter was considerable to justify the increase of instruction fees. Counsel asked the Court to note that what the taxing officer considered as voluminous was a mere tabulation of 281 Claimants' claim all of which were a repetition of each other. They did not raise any novel issue of law or fact. In any event the matter was determined by way of written submission and no hearing took place.
10. Mr. Tororei further faulted the taxing master for making an error of principle by failing to consider that instruction fee is static as was held in the case of Jorith Limited V. Kigano and Associates (2002) IEA92. Where the court stated that in principle the instruction fee is an independent and static item, is charged once only and is not affected or determined by the stage the
suit has reached.
11. Counsel lamented that whereas the Court relied on the aspect of pleadings being voluminous hence the time and resources put in preparing the same was considerable, a perusal of the Court record shows that when the claim was initially filed on 2nd July, 2018, the pleadings were not voluminous. It was sometime in 2019 when the pleadings were amended by adding more claimants that made the same voluminous. Relying on the Joreth's case, Mr. Tororei submitted that instructions is given in a suit to defend and prosecute it to the end and therefore could not be affected by the stage the suit had reached. This meant, the instruction fees were charged the moment the claim was preferred on 2nd July, 2018 and therefore subsequent amendment to the claim to make it voluminous had no effect on the instruction fees since it was static, independent and only charged once.
12. Mr. Kirwa for the Claimant on his part submitted that the application offended rule 11 of the Advocates Renumeration Order, the same having been filed outside the 14 days period as stipulated by law and without leave of the Court. The application was thus incompetent and ought in the circumstances to be struck out with costs.
13. According to Counsel, the respondent ought to have brought the application latest on 7th April, 2021. The applicant was aware of the taxing Officer's ruling and its contents on 26th March,2021 when the same was delivered. The application thus offended provisions of rule 11(9) of the Advocates Renumeration Order which was mandatory.
14. Mr. Kirwa further submitted the applicants failed to demonstrate that the taxing Officer erred in principle and Law when she taxed the party and party bill of costs dated 29th October, 2020 making an award on instruction fees at Kshs. 3,900,000/= and getting up fees of Kshs. 1,300,000/=. The taxing Officer gave her reasons on every item of the award made. She considered all the issues that had been raised by the applicant before arriving at the decision on 26th March, 2021. The reasons for the award included and were not limited to the value of the subject matter in issue, complexity of the matter, the number of Claimants involved being 282, the volume of the pleadings, the time spent and resources put in the same, the interest of the parties and the general impact of the case on all the parties.
15. Counsel further submitted that it was trite Law that the decision of the taxing Officer should not be interfered with by the Court unless it has been shown that the Officer arrived at a wrong assessment of costs payable. It was insufficient to merely allege that the amount awarded was too high.
16. Regarding the complaint that the taxing Officer erred in principle in her award on instruction and getting up fee, Mr. Kirwa submitted that the taxing officer in her ruling on the Claimant's party and party bill of costs dated 29th October, 2020, was with an award of costs to all the 282 Claimants at Kshs. 5,963,060 upon taxing off Kshs. 11,213,310 from the bill. The reasons for the award were contained in the ruling. According to Counsel, the main complaint by the applicant seemed to be essentially on quantum not the application of the principles of law. The applicant's complaint was that the quantum was excessive in the circumstances and no more.
17. The applicant defended the suit and so the instruction fee as provided in schedule VI(A) (1) (d) and calculated under sub-paragraph (1) (b) of schedule VI subject to the discretion of the taxing Officer to increase or reduce the instructions fee.
18. Relying on Jorethi's case (supra) counsel stated that the factors to be considered by the taxing officer included importance of the matter, general conduct of the case, the nature of the case, time taken for its dispatch and the impact on the parties. Counsel further relied on the case of Ochieng, Onyango, Kibet and Ohaga Advocates v Adopt a Light Limited Milimani HC Misc Cause No 729 of 2006 where the Court stated in material part that the taxing master must consider the case and Labour required in the matter, the nature or importance of the matter. More so the amount on value of the subject matter involved, the interest of the client in sustaining or losing the benefit and the complexity of the dispute.
19. According to Mr. Kirwa, the final orders pursuant to the judgement of the Honourable Judge was recorded on 21st October, 2020 with an award of Kshs. 43,964,000/= to all the 282 Claimants.
20. Based on the above, the basic instruction fee under paragraph 9(1) (b) of the Advocates Renumeration Order was made at Kshs 879,460/= being the instruction fees and Kshs. 293,154 being getting up fees. This however, was not in contention. What was in contention was the quantum made well above basic instruction fees in consideration of other factors by the Honourable Deputy Registrar.
21. According to Counsel, the Hon. Deputy Registrar in her ruling exercised her discretion and increased the quantum payable on instruction fees and getting up fees. She made it clear in her ruling that she had an opportunity to peruse through the entire court record and in her assessment the issue raised were complex in nature the pleadings were voluminous and involved more than 280 Claimants who made distinct claims in the pleadings , the time and resources spent were highly considerable including the value of the subject matter and its importance to the 282 Claimants and respondents. Each of the Claimants supplied the advocates on record with independent instructions and awards duly paid to each Claimant as pleaded in the statement of claim, a fact admitted by the respondents when the parties appeared before the Court to record final consent orders on 21st October, 2020.
22. The tabulations were made separately for each of the Claimants and not lumped together as one and the reason behind this was that instructions were received by the advocates on record separately and for purposes of saving court's time one claim with separate prayers in terms of compensation was lodged and the Court made judgment pursuant to the same with the direction that the parties tabulate pursuant to the parameters of the return-to-work formula of 2nd November, 2017.
23. Regarding separate and distinct instructions, counsel relied on the case of Ochieng, Onyango, Kibet and Ohaga advocates v Adopt a Light (supra) and further on Mayers and Another v. Hamilton & Others (1975) E.A 16.
24. The application before me presents a diametrically opposed view of Counsel on the single issue of whether the Hon Deputy Registrar erred in enhancing the instruction fee from the initial amount stated in the Bill as Kshs. 879,460 to Kshs. 2,900,000/= and further whether she misdirected herself by allowing Kshs. 293,154/= as getting up fees.
25. From the summary of the submissions undertaken by the Court above, there seem to be confluence or implicit consensus by counsel on the principles applicable by a taxing Officer before making an award on instruction fees and further on the principles applicable by the Court on a reference to upset an award of a Deputy Registrar in exercise of her discretion as a taxing Officer, why I say so is because both Counsel in buttressing the arguments for or against the award of the Hon Deputy Registrar, have relied on more or less the same authorities on these principles but urged different interpretations .
26. It was common ground that the principles upon which this court may interfere with the discretion of taxing Officer when making an award are more or less settled and include that it must be shown that either decision was based on an error of principles or the fee awarded was manifestly excessive as to justify an inference that it was based on an error of principle. Further, it would be an error of principle to take into account irrelevant factors or to omit to consider relevant factors.
27. The applicant contended that it was an error on the part of the taxing Officer to consider the issues between the parties as complex in nature in absence of a certificate to that effect from the trial Court. Secondly the taxing Officer erred in considering that from the voluminous pleadings the time and resources put by the Claimant in prosecuting the matter was considerable to justify the increase in instruction fees and that what the Court considered voluminous was a mere tabulation of 282 Claimants claim all of which was a repetition of the other.
28. This claim was initially filed on 2nd July, 2018 and according to Counsel for the applicants, the pleadings were not voluminous. The volume however increased when an amendment was made out sometime in 2019 to add more Claimants bringing their total number to 282.
29. An amendment of pleadings to add parties in the controversy before the court serves the same purpose as an order for consolidation of suits. It is a case management tool aimed economising on judicial time and consolidating similar evidence in one suit instead of having several suits involving same parties and based on same facts, spread across the Court registry concerned.
30. In the application before me Mr. Kirwa has submitted that each of the Claimant's instructed him separately however for purposes of saving the Court's time one claim with separate prayers in terms of compensation was lodged.
31. In the case of Ochieng, Onyango Kibet and Ohaga v Adopt a Light cited by Counsel for the Claimant it was held that there was nothing wrong in receiving two sets of instructions from different clients in the same matter and executing those instructions through single pleadings. This did not make the instructions one and does not disentitle the advocate concerned from demanding payment for separate instructions received.
32. In my view this is the most reasonable interpretation of the law or instruction fee any other interpretation would encourage joyriders in litigation commenced by others which they join in without paying the advocate instruction fees.
33. The Court agrees with the submission that instruction fees is an independent and static item, is charged once only and is not affected or determined by the stage the suit has reached as was stated in the case of Joreth Limited v Kigano Associates referred to earlier in the ruling. This independence and static nature of instruction fee does mean where an amendment has been done to include more Claimants on the same facts an advocate should be disentitled to instruction fees from the additional parties. The scenario emerges better when one considers these additional parties as filing their own separate suits. They would thus be entitled to pay instructions fee. This I think adequately disposes of the issue regarding the static and independent nature of instruction fees.
34. The second and final issue the Court should consider is whether the Hon Deputy Registrar erred in regarding the suit complex and voluminous. Mr. Tororei does not seem to seriously contest that the suit was voluminous. He however contends the volume was added when an amendment was carried out in 2019 adding more Claimants bringing a total of 282. According to Counsel in spite of the number there was nothing complex in respect of the Claimant's case and in any case the trial Court never certified the matter complex. Counsel however never cited any authority that enjoins a trial court to certify a matter complex upon conclusion for consideration by the taxing Officer when taxing a bill of costs. The case of Rv Minister of Agriculture and 2 Others ex Parte Samuel Muchir and 6 Others (2006) eKLR. relied on by Mr. Tororei merely stated that the complex elements in the proceedings which guide the exercise must be specified cogently and with conviction.
35. Counsel has himself in his submissions quoted portions of the taxing Officers ruling where she stated that she had the opportunity to peruse the entire record and the issues that were raised by the petitioners (sic) were complex. The pleadings were voluminous given the number of Claimants involved hence the time and resources put in the same must have been considerable. The suit took quite some time before it was concluded.
36. It is the Court's view that the observations by the learned DR above were cogent enough and presented a complex and time-consuming scenario that justified the award on the instruction's fees.
37. The sum total of the above is that the reference is found without merit and is hereby dismissed with costs.
DATED AT ELDORET THIS 1ST DAY OF OCTOBER, 2021
DELIVERED AT ELDORET THIS 1ST DAY OF OCTOBER, 2021


God is a personal God. He cares deeply about the smallest of details in your daily walk. During a retreat this weekend, my girls and I chose crafts as an activity. I had paint up my arm, and if something was going to happen, it happened to my picture I was creating. I watched as others created beauty and I created a mess. When the teacher said I had 10 minutes left, I went into panic! WHAT? I quietly got up and went outside and threw my craft in the trash. I'm embarrassed to say I actually teared up. I took it wayyyyyyyyyyy to personal. I attached meaning to that situation that only the enemy can do in our minds. I got my little self to Zumba– another chosen activity. Just what I needed.
As I was walking back to the cabin, I was talking to Jesus about my real, but slightly juvenile behavior, and questioned, "What's up God?" I prayed that He would somehow produce an answer. I had some ideas. I opened the door to my cabin, and my dear friend, Connie, painted me a picture that said WOW–Woman of Worth ( our ministry). I started tearing up again. God answered my prayer. Right after, my girls wanted to go back to the craft room and work on putting verses on their pictures. Connie had no idea what I had been through emotionally because she was in another session.
Her encouragement and giving gave me the encouragement to go rummage through the trash can and retrieve my picture out of the trash. My oldest daughter and I created a masterpiece from something I threw away. I mostly made suggestions and Victoria's hands created something beautiful from the mess!
God answers the smallest of prayers–He is a personal God.
God uses us to encourage others in their walk with Him.
If you are obedient to the prompting, you can encourage someone at just the right time.
We ALL need help…ask…..it's not a sign of weakness.
Be the help someone needs.
What ideas, situations, or creations have you "thrown away" out of shame, frustration, or insecurities? Could you ask God to provide encouragement and direction?
Do you have a loved one or friend who may need some help making beauty from ashes?
When we delight in the Lord, He answers….
Before I left for the Mother/Daughter Retreat my mother took some ashes and made beauty! We had a quick time together filled with prayer and encouragement.
Jesus is so real in our lives not only through His amazing love but through the intentional love of others.


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#WeGotGoals
What Kelly Roberts of "She Can and She Did" and the Badass Lady Gang Has Learned About Community Through Running
Even if you're not familiar (yet) with She Can & She Did or the Badass Lady Gang, you probably know who Kelly Roberts is thanks to her viral 15 minutes back in 2014, when she ran a half marathon and took selfies with an unsuspecting hot guy every mile. The popular Buzzfeed post inspired a blog, and from there, Roberts has taken on the mantle of relatable "struggle runner" to women worldwide.
Candidly referring to herself as a former president of the I Hate Running Club, Roberts now trains to one day qualify for the Boston Marathon, and she wants women worldwide to realize that strength comes in different shapes, sizes, and body types (she even crowdsourced a sports bra guide to help women of all sizes find a suitable sports bra for them, pointing out that not having a fitting, functional sports bra can be a major obstacle to being active). On She Can & She Did, she invites women to share their stories through stories, art, images, and more. (And Roberts herself has represented a non-traditional image of strength in prominent media spots with Nike and Runner's World.)
Meanwhile, Roberts created the Badass Lady Gang (BALG) to be a free fitness movement (a la November Project) that empowers women to connect with others while getting active. The best part? No runner is ever left behind, as Roberts structures BALG workouts to ensure all runners are within shouting distance of each other and succeeding together is a built-in element.
"It is a running crew," Roberts explains, "but it's truly a come as you are community. You could be an Olympic trials qualifier or on day one of a fitness journey—both of you will get a really fun workout. [We always say] community first, a really fun workout second."
And although Roberts has her hands in a variety of communities now, it wasn't always that easy. Roberts spoke about struggling to find her niche when she moved to NYC, especially as a former theater major who was used to having casts and crews to hang out with. Now, one of her current goals (outside of training for Boston) is to put more effort into having a social life and incorporating the arts back into her life, whether through improv workshops or sketch writing classes.
We think you'll love listening to Kelly Roberts and her infectious enthusiasm in this week's #WeGotGoals episode, which you can listen to here, on iTunes, on Spotify, or anywhere you get your podcasts. Show a little love by leaving us a five star review if you have a second, please and thank you!

redpajama_set_name: RedPajamaCommonCrawl


Hi there everyone!!! Pahlish has some gorgeous shades that released today on preorder! This is an 8 piece limited edition collection and it won't be available again after 11/1. All of the shades are $11 a piece or buy the set for $80. Also, if you buy the full set, you get a surprise Trick or Treat bespoke batch exclusive to this event! Preorders will begin shipping on 10/18. Let's jump on into the swatches!
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Oogie Boogie is Next and it's described as a soft grey scattered holographic with green/teal chameleon flakes and shimmer. I used two coats for the photo!
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And last but not least we have Sandy Claws, another one of my favorites. This shade is described as an oxblood scattered holographic with blue to pink multichrome shimmer. I used two coats! Make sure you top coat this one, it dries down a bit matte/dull.
There you have it! All of the shades are super duper gorgeous and sparkly! These are available right now for preorder in Pahlish's shop until 10/21 midnight central time. Be sure to check out Pahlish's IG and Facebook! If my pictures weren't enough to get you to order some, check out my swatch video of them down below!!! Thanks for reading today and I'll talk to you all soon!


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Kevin Willard should blame himself for Seton Hall's poor season
Updated Mar 30, 2019; Posted Feb 25, 2013
By Steve Politi | NJ Advance Media for NJ.com
kevin-willard-seton-hall-coach.JPG
Kevin Willard on Seton Hall's 2-13 Big East record:
(Photo by Tony Kurdzuk/The Star-Ledger)
Weeks before the worst season at Seton Hall in 29 years began, Kevin Willard ripped fans who had questioned his recruiting prowess – or lack of it – in anonymous message board posts.
"Say it to my face," the head coach told a room of stunned boosters who had paid $80 a pop to attend a beefsteak dinner, and he wasn't just revealing himself as thin skinned. He was lecturing the part of his fan base that has stayed loyal despite the diminishing stature of its program.
Rule No. 1 of being a college coach: Do not read the message boards. Rule No. 1-A: If this rule is broken, under no circumstances acknowledge that you read the message boards.
Five months have passed, and give Willard credit for this: He knows the people who follow his basketball team have every right to be angry, and that they can choose to voice it however they want.
"In my mind, it's very well deserved," Willard said of the criticism in a wide-ranging interview about his program last week. "Whether we have injuries or not is irrelevant. I'm just as mad as anyone else."
It's good that Willard is getting mad. But this is the question for Seton Hall: Can he get better?
Suffering through a 2-13 Big East season, which continues Monday night when Villanova visits the Prudential Center, is one thing. Willard can blame injuries such as the loss of forwards Patrick Auda and Brandon Mobley for that, even if the team has met its low expectations coming into the season.
The bigger problem is that few believe the outlook will improve much in 2014. Willard ripped his team after a dismal loss to Marquette last week for not showing enough fight, but the Pirates aren't in 14th place in a 15-team conference because of a lack of effort.
It's talent. Seton Hall doesn't have nearly enough of it. And Willard, who has recruited more players from the Canary Islands than the talent-rich high schools around his campus, has shown no ability to change that.
"I like the guys on my roster," Willard said in defense of his recruiting. "Are they the most talented? No. But we're never going to play seven guys. We're going to have to play 10 or 11.
"If I played this whole year with my roster, with all 10 guys, and I was having the same results, it would be a different story. But that hasn't happened even one time. Next year, if we're healthy and we have the same results, then (his poor reputation as a recruiter) is probably true."
Willard can coach his players when he gets them on campus. The Pirates won 21 games last season and, if not for a late-season collapse, would've reached the NCAA tournament. Rick Pitino, his former boss and mentor, called Willard "the best young X's and O's coach I've ever been around."
But coaching is probably 20 percent of this job. Asked about losing the top players in New Jersey, Willard countered that only a handful have left for top programs over the past two years. That includes former St. Anthony guard Kyle Anderson, who had narrowed his choices to UCLA and Seton Hall before heading west.
"It's disappointing we're not getting them, but we're not losing them to Division 2 schools," Willard said. "Was I mad we didn't get them? Yeah, but I think you have to be somewhat realistic at the same time."
No one is saying this job is easy – it may, in fact, be one of the most difficult in the country. Seton Hall is not going back to 1989 any time soon, not as the landscape in college sports continues to shift.
Still, Willard is doing many of the same things – be it relying on transfers or recruiting questionable students – that got predecessor Bobby Gonzalez in trouble. But at least Gonzo, for all of his warts, found some talent.
Fuquan Edwin is the last Gonzalez recruit on the roster, and he's been by far the Pirates' most consistent player. It's a poorly kept secret in South Orange that the team's second leading scorer, guard Aaron Cosby, will look to transfer in the offseason.
Willard insists he remains optimistic. "The funny thing about it – and I would tell you if I wasn't because I'm a very honest guy – this year more than anything has proven to me we can win here." But so much has to go right for the Pirates make a significant jump in the Big East standings.
If transfer Sterling Gibbs, the Seton Hall Prep product who rarely played in his one season at Texas, becomes a productive point guard; If Auda and Mobley, the two productive big men in the program, develop and stay healthy; If star recruit Aquille Carr, who nobody in college basketball seems to think will ever step foot in South Orange, qualifies; If the other incoming freshman, lightly recruited guard Jerron Wilbut, becomes a productive reserve; If Willard, who said he was "definitely not done recruiting," finds a hidden gem.
If all that happens, and the departure of Syracuse and Pittsburgh make the Big East schedule a little more manageable, maybe the Pirates will surprise people. But those are a lot of ifs.
Until then, Willard needs to start blaming himself – and not continuing the pattern of closing his locker room to the media while ripping his overmatched players after games – for the state of the program. Injuries or not, Seton Hall wasn't going to do anything this season with no point guard and MAAC-quality depth.
He is in no danger of losing his job. "I still have a lot of years," on the contract he signed in 2010, he said. "Let's put it this way: I'm committed to the university and the university is committed to me."
But next season is critical. Willard needs to be right that the roster is better than everyone thinks, and that needs to lead to a stronger recruiting class for 2014. If he thinks people are mad about his team now, just wait.
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Hotchkiss, Mullis Qualify for 2018 NCAA Championships
2018 Championship Central
SANTA BARBARA, Calif. – Junior distance swimmer Logan Hotchkiss and senior backstroker Billy Mullis will represent UC Santa Barbara next week at the 2018 NCAA Division I Men's Swimming and Diving Championships, hosted by the University of Minnesota, Twin Cities, at the Jean K. Freeman Aquatic Center from Mar. 21-24.
The Gaucho pair will be the first UCSB representatives at the NCAA Championships in four years, since Wade Allen and Andrea Ward qualified last in the 2013-14 season.
This season, Mullis and Hotchkiss led the Gaucho men to a second consecutive Mountain Pacific Sports Federation (MPSF) Championship while qualifying for three events apiece at next week's championships.
Mullis, the school record-holder in the 100 backstroke, 200 backstroke, 200 IM and 200 butterfly, is ranked 23rd in the 200 back with his NCAA 'B' cut time of 1:41.05 that he recorded on Mar. 4 at the Pac-12 Last Chance Meet in Washington. The Vacaville, Calif. native also qualified for the 200 fly (1:43.77) and 100 back (46.72) where he ranks 32nd and 34th, respectively.
Hotchkiss, meanwhile, also holds a trio of school records that he set in early December at the Husky Invitational. The Malibu, Calif. native is seeded the highest in the 500 freestyle (4:15.09) with a No. 20 overall ranking, and also qualified for the 200 free (1:34.93) and the 1650 free (15:03.60) where he ranks 36th and 39th, respectively.
A total of 270 participants (235 swimmers and 35 divers) will compete in the championships. Swimmers qualified for the championships by meeting the established minimum time for the events in which they entered. Divers will be determined by performances achieved at the Zone Diving meets March 5-10. The complete lists of all swimmers (athletes by institution, official psych sheet, relays and alternates) competing in the championships is available at www.usaswimming.org/ncaa.
ESPN3.com will live stream finals sessions on Friday and Saturday. Wednesday's evening session, Thursday's sessions along with the morning sessions on Friday and Saturday will be streamed live on www.gophersports.com. Additionally, ESPNU will air a two-hour show at 5 p.m. Eastern time, Wednesday, April 4.


This month I have written 4 reports on this site focusing on the competitiveness of Korea in nuclear power in Abu Dhabi. The reason why I did this is that there are so many lessons to be learned from this case.
Here, we are able to learn lessons on the importance of strategic approach to the target, to fully understand the needs of the customers. And of course, lessons on decisions and actions with speed.
As I have written in 'Part 2', collaborative research in nuclear power and capacity development are important components of the proposals of Korea. It was clearly stated in the Request For Proposal by the Emirates Government. KAIST (Ref.1) and KUSTAR agreed on overall cooperation in education and research in science and technology including nuclear power.
KAIST has a history of 40 years, but in the last decade, it is quickly transformed itself into a highly competitiveness, world premier institute to meet the challenges of the global world. The institution invited Nobel laureate physician Professor Laughlin from Stanford University as President, and in 2006, has welcomed Professor Shu Nam Pyo (Ref.1) from MIT as his successor. Indeed, KAIST is changing rapidly, and of course, all courses are given in English.
Exampl such as this clearly indicates how badly Japan is closed to the outside world compared to other nations. I have been pointing this out again and again in this site also. I urge not only Universities (please refer to article by Dr. Glen S. Fukushima (in Japanese)), but also Professors to buckle up! Don't forget that students are our future human resource and our future heavily depend on them. Nothing can be done if their mentors are closed minded.


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When Blitzing is the Safest Play
New England Patriots NFL Offense
[dt_divider style="thick" /]Most of the time, a blitz is a risk / reward proposition. A defense takes an extra player or players out of coverage, creating risk on the back end, in exchange for the reward of more rushers and hopefully more pressure on the quarterback. If the rush gets home, the risk pays off; if the offense can block it up, the offense can hit a big play against the thinner coverage. It is possible, however, that a blitz can be a safe proposition: The combination of game situation, blitz design, and coverage scheme can make a blitz sounder at preventing the big play than a vanilla defense.
One such situation occurred in the waning moments of regulation in Super Bowl LI. The New England Patriots had just tied the game up at 28 after a furious comeback, but they left about a minute left on the clock for an Atlanta Falcons offense that ranked among the greatest in NFL history. After a poor kick return and a 12-yard completion, Atlanta snapped the ball at their own 23-yard line with 32 seconds left and no timeouts, needing about 45 yards for a reasonable field goal attempt. A long shot, but not unthinkable for their explosive offense. The one thing the Patriots could not do was give up a big play, so they did the safe thing: They blitzed.
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Atlanta lines up in the shotgun with running back Devonta Freeman (#24) just to the left of quarterback Matt Ryan (#24) and twin receivers to each side. Tight end Austin Hooper (#81) aligns in the right slot, with slot receiver Mohamed Sanu (#12) to the left. The Patriots set defensive ends Jabaal Sheard (#93) and Chris Long (#95) outside the offensive tackles and defensive tackle Trey Flowers (#98) head up on the center as a defensive 0-technique. They also walk linebackers Kyle Van Noy (#53) and Dont'a Hightower (#54) up to the line of scrimmage, threatening a blitz. Van Noy and Hightower don't rush, however, instead dropping back into hook / curl zones. The rush comes from safety Patrick Chung (#23) and cornerback Logan Ryan (#26), aligned as if in coverage on Hooper and Sanu, respectively.
This blitz carries the element of surprise. The Patriots are not a big blitzing team, do not blitz defensive backs often, and almost never blitz two defensive backs. Teams often slide protection one way or the other, so a single blitzer might be blocked, but they can't slide in two directions at once. By blitzing off both edges, New England creates a strong probability that one of Chung or Ryan will get in unblocked. And by walking Van Noy and Hightower – both common blitzers and effective pass rushers – up to the line of scrimmage, the Patriots invite Atlanta to worry more about the linebackers than the defensive backs that are coming.
The blitz design also creates confusion about where the defensive ends will attack. Sheard and Long line up outside the tackles, suggesting a rush around the edge, but instead they attack the B gaps inside the tackles.
The Falcons' protection call puts them in position to deal with the blitz on the right side. Right tackle Tom Compton (#76) passes Sheard off to right guard Chris Chester (#65) and picks up Chung. Atlanta's left side doesn't fare as well. Left tackle Jake Matthews (#70), who struggled much of the game, barely impedes Long as he makes a beeline for the quarterback. Left guard Andy Levitre (#67) is busy helping on Flowers, so Long gets in Matt Ryan's face almost immediately. Freeman looks for Hightower to blitz, starts to release into a route, and then realizes Logan Ryan is coming off the edge. In desperation he grabs the slot cornerback and wrestles him to the ground, a blatant hold that somehow went uncalled. Matt Ryan, under duress, gets rid of the ball before the pass rush can get home.
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Most teams run man-to-man coverage behind blitzes, and man-to-man is New England's bread-and-butter. They do something different here, however, playing Cover 2 behind the blitz. That leaves two deep defenders with four shallow defenders. The deep safeties can prevent the big play, while the underneath players stand ready to attack any short routes. Ryan hits Hooper with a quick pass, and the rookie tight end is open since Chung blitzed. He's surrounded, however, and cornerback Malcolm Butler (#21) and safety Devin McCourty (#32) haul him down almost immediately after only a 4-yard gain. Better still, they keep him in the middle of the field, and the clock keeps running. The Falcons are forced to spike the ball to stop the clock, leaving time for only one ineffectual 3rd-and-6 heave before the end of regulation. Atlanta's offense would not touch the ball again.
Blitzing is usually risky, but here the blitz turned out to be the safe call. With little time left to put together a field goal drive, the situation dictated a vertical pass, but the quick pressure prevented Atlanta from developing anything downfield. The unusual double slot attack created surprise and a high likelihood of a free rusher, and the Cover 2 back end complemented the blitz design, putting the defense in good position to make a quick tackle. The Patriots are masters of situational football, and they understand that a blitz doesn't have to be risky – at times, it can be the safest play of all.
Follow @davearchie on Twitter. Check out his other work here, like his look at the QB class of 2014, his analysis of value plays at left tackle and a great performance from Case Keenum.
Want more Inside the Pylon? Subscribe to our podcasts, follow us on Twitter, like us on Facebook or catch us at our YouTube channel.
All media courtesy of NFL Game Pass.
Tags: Andy Levitre, Atlanta Falcons, Austin Hooper, Chris Chester, Chris Long, Devin McCourty, Devonta Freeman, Jake Matthews, Jamaal Sheard, Kyle Van Not, Logan Ryan, Malcolm Butler, Matt Ryan, Mohamed Sanu, New England Patriots, Patrick Chung, Tom Compton, Trey Flowers
ITP Glossary: Boundary Side
Kareem Hunt and Balance


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Coregonus is a diverse genus of fish in the salmon family (Salmonidae).  The Coregonus species are known as whitefishes.  The genus contains at least 68 described extant taxa, but the true number of species is a matter of debate. The type species of the genus is Coregonus lavaretus.

Most Coregonus species inhabit lakes and rivers, and several species, including the Arctic cisco (C. autumnalis), the Bering cisco (C. laurettae), and the least cisco (C. sardinella) are anadromous, moving between salt water and fresh water.

Many whitefish species or ecotypes, especially from the Great Lakes and the Alpine lakes of Europe, have gone extinct over the past century or are endangered. Among 12 freshwater fish considered extinct in Europe, 6 are Coregonus. All Coregonus species are protected under appendix III of the Bern Convention.

Taxonomy
Phylogenetic evidence indicates that the most basal member of the genus is the highly endangered Atlantic whitefish (C. huntsmani), which is endemic to a single river basin in Nova Scotia, Canada. The Atlantic whitefish is thought to have diverged from the rest of the genus during the mid-Miocene, about 15 million years ago.

The genus was previously subdivided into two subgenera Coregonus ("true whitefishes") and Leucichthys ("ciscoes"), Coregonus comprising taxa with sub-terminal mouth and usually a benthic feeding habit, Leucichthys those with terminal or supra-terminal mouth and usually a pelagic plankton-feeding habit. This classification is not natural however: based on molecular data, ciscoes comprise two distinct lineages within the genus. Moreover, the genus Stenodus is not phylogenetically distinct from Coregonus; although Stenodus occupies a basal position within the genus, phylogenetic evidence indicates that C.  huntsmani is even more basal than it.

Species diversity
There is much uncertainty and confusion in the classification of the many of species of this genus. Particularly, one extreme view of diversity recognises just two main species in Northern and Central Europe, the common whitefish C. lavaretus and the vendace C. albula, whereas others would divide these into numerous, often narrowly distributed species. A drastic increase in number of recognized species occurred in 2007, when a review advocated that more than 50 local European populations should be considered as distinct based on morphological differences. It has been estimated that several of them are very young, having separated from each other less than 15,000 years ago. Many of these were primarily defined based on number of gill rakers. Although this largely is hereditary, the number is highly variable (even within single populations and species), can change relatively fast in response to changes and genetic studies have shown that they often are of limited use in predicting relationships among populations (a large difference in gill raker number does not necessarily equal a distant relationship). Genetic differences between several of the recently proposed species, even ones that are relatively distinct morphologically, are very limited and sometimes they are not monophyletic. Various Coregonus, whether regarded as separate species or not, readily interbreed with each other. A review of whitefish in the United Kingdom found that the identification key provided in 2007 did not match most individuals and that solid evidence for more than one species in that region is lacking.

Many European lakes have more than one Coregonus morph differing in ecology and morphology (especially gill rakers). Such morphs are sometimes partially reproductively isolated from each other, leading to suggestions of recognizing them as separate but clinal species. The morphs or clinal species may rapidly disappear (in 15 years or less, equalling three Coregonus generations) by merging into a single in response to changes in the habitat. A similar pattern can be seen in North America where the ciscoes of the Coregonus artedi complex in the Great Lakes and elsewhere comprise several, often co-occurring morphs or ecotypes, whose taxonomic status remains controversial.

Species
In 2017, FishBase listed 78 species, including the more than 50 proposed for Europe in 2007. Some of these are recently extinct (marked with a dagger, "†") and C. reighardi is likely extinct.

 Coregonus acrinasus Oliver M. Selz, Carmela J. Dönz, Pascal Vonlanthen, Ole Seehausen, 2020
 Coregonus albellus Fatio, 1890 (autumn brienzlig)
 Coregonus albula Linnaeus, 1758 (vendace)
 †Coregonus alpenae (Koelz, 1924) (longjaw cisco)
 Coregonus alpinus Fatio, 1885 (kropfer)
 Coregonus anaulorum Chereshnev, 1996
 Coregonus arenicolus Kottelat, 1997
 Coregonus artedi Lesueur, 1818 (northern cisco or lake herring)

 Coregonus atterensis Kottelat, 1997
 Coregonus austriacus C. C. Vogt, 1909
 Coregonus autumnalis (Pallas, 1776) (Arctic cisco)
 Coregonus baerii Kessler, 1864
 Coregonus baicalensis Dybowski, 1874
 Coregonus baunti Mukhomediyarov, 1948
 Coregonus bavaricus Hofer, 1909
 Coregonus bezola Fatio, 1888 (bezoule)
 Coregonus brienzii Oliver M. Selz, Carmela J. Dönz, Pascal Vonlanthen, Ole Seehausen, 2020
 Coregonus candidus Goll, 1883
 Coregonus chadary Dybowski, 1869 (Khadary whitefish)
 Coregonus clupeaformis (Mitchill, 1818) (lake whitefish)
 Coregonus clupeoides Lacépède, 1803 (powan)
 Coregonus confusus Fatio, 1885
 Coregonus danneri C. C. Vogt, 1908
 Coregonus duplex Fatio, 1890
 Coregonus fatioi Kottelat, 1997
 †Coregonus fera Jurine, 1825 (fera)
 Coregonus fontanae M. Schulz & Freyhof, 2003 (Stechlin cisco)
 †Coregonus gutturosus (C. C. Gmelin (de), 1818)
 Coregonus heglingus Schinz, 1822
 †Coregonus hiemalis Jurine, 1825 (gravenche)
 Coregonus hoferi L. S. Berg, 1932
 Coregonus holsata Thienemann, 1916

 Coregonus hoyi (Milner, 1874) (bloater)
 Coregonus huntsmani W. B. Scott, 1987 (Atlantic whitefish)
 †Coregonus johannae (G. Wagner, 1910) (deepwater cisco)
 Coregonus kiletz Michailovsky, 1903
 Coregonus kiyi (Koelz, 1921) (kiyi)
 Coregonus ladogae Pravdin, Golubev & Belyaeva, 1938
 Coregonus laurettae T. H. Bean, 1881 (Bering cisco)

 Coregonus lavaretus Linnaeus, 1758 (common whitefish, European whitefish; lavaret)
 Coregonus lucinensis Thienemann, 1933
 Coregonus lutokka Kottelat, Bogutskaya & Freyhof, 2005
 Coregonus macrophthalmus Nüsslin, 1882
 Coregonus maraena (Bloch, 1779) (maraena whitefish)
 Coregonus maraenoides L. S. Berg, 1916
 Coregonus maxillaris Günther, 1866
 Coregonus megalops Widegren, 1863 (lacustrine fluvial whitefish)
 Coregonus migratorius (Georgi, 1775) (omul)
 Coregonus muksun (Pallas, 1814) (muksun)
 Coregonus nasus (Pallas, 1776) (broad whitefish)

 Coregonus nelsonii T. H. Bean, 1884 (Alaska whitefish)
 Coregonus nigripinnis (Milner, 1874) (blackfin cisco)
 Coregonus nilssoni Valenciennes, 1848
 Coregonus nipigon (Koelz, 1925)
 Coregonus nobilis Haack, 1882
 †Coregonus oxyrinchus Linnaeus, 1758 (houting)
 Coregonus palaea G. Cuvier, 1829
 Coregonus pallasii Valenciennes, 1848
 Coregonus peled (J. F. Gmelin, 1789) (peled)
 Coregonus pennantii Valenciennes, 1848 (gwyniad)

 Coregonus pidschian (J. F. Gmelin, 1789) (humpback whitefish)
 Coregonus pollan W. Thompson, 1835 (Irish pollan)
 Coregonus pravdinellus Dulkeit, 1949
 Coregonus profundus Oliver M. Selz, Carmela J. Dönz, Pascal Vonlanthen, Ole Seehausen, 2020
 Coregonus reighardi (Koelz, 1924) (shortnose cisco)
 Coregonus renke (Schrank, 1783)
 Coregonus restrictus Fatio, 1885
 Coregonus sardinella Valenciennes, 1848 (Sardine cisco)
 Coregonus steinmanni Oliver M. Selz, Carmela J. Dönz, Pascal Vonlanthen, Ole Seehausen, 2020
 Coregonus stigmaticus Regan, 1908 (schelly)
 Coregonus subautumnalis Kaganowsky, 1932
 Coregonus suidteri Fatio, 1885
 Coregonus trybomi Svärdson (sv), 1979
 Coregonus tugun (Pallas, 1814)
 Coregonus ussuriensis L. S. Berg, 1906 (Amur whitefish)
 Coregonus vandesius J. Richardson, 1836 (vendace)
 Coregonus vessicus Dryagin, 1932
 Coregonus wartmanni (Bloch, 1784)
 Coregonus widegreni Malmgren, 1863 (Valaam whitefish)
 Coregonus zenithicus (D. S. Jordan & Evermann, 1909) (shortjaw cisco)
 Coregonus zuerichensis Nüsslin, 1882
 Coregonus zugensis Nüsslin, 1882

References

External links

Ray-finned fish genera
Taxa named by Carl Linnaeus

redpajama_set_name: RedPajamaWikipedia


Lynnlee Poe also is a National Merit Scholarship semifinalist.
A second Huntsville City Schools student is celebrating a perfect ACT score.
Grissom High School senior Lynnlee Poe said she "actually screamed a little bit," when she pulled her test results up on her phone.
Prepscholar.com reports only 2,760 students earned a perfect 36 last year, out of more than 2 million.
Poe, who is also a 2018 National Merit Scholarship semifinalist, is considering a major in biochemistry at the University of Alabama followed by medical school, according to Huntsville City Schools.
New Century Technology High School senior Megan Cooper also scored perfect on the test this year.


text:
Publications, Issue 61
By Presbyterian Church in the U.S.A. Board of Publication
nounce God for the world, the enjoyment of heaven for indulgence in present pleasure, read carefully the history of the rebellious Israelites, and ponder their miserable end, and say, whether the prayer does not immediately arise from his heart—"My soul, come not thou into their secret, unto their assembly, mine honour, be not thou united ?"
HISTORY OF THE JEWS, FROM THE TIME OF MOSES TO THE
BABYLONISH CAPTIVITY, VIEWED, IN CONNECTION WITH PROPHECY.
BY THE REV. JONATHAN R. ANDERSON,
MINISTER OF KIRKFIELD PARISH, GLASGOW.
For thou art an holy people unto the Lord thy God: the Lord thy God hath chosen thee to be a special people unto himself, above all people that are upon the face of the earth. The Lord did not set his love upon you, nor choose you, because ye were more in number than any people; (for ye were the fewest of all people;) but because the Lord loved you, and because he would keep the oath which he had sworn unto your fathers, hath the Lord brought you out with a mighty hand, and redeemed you out of the house of bondmen, from the hand of Pharaoh king of Egypt.—Deut. vii. 6—8.
The Jews are a peculiar people, and it requires peculiar qualifications rightly to understand their history. The wisdom of this world is utterly insufficient to discover the principles on which it is to be explained, and to guide us in the application of these principles, to the remarkable events with which it is enriched. We must have recourse to the fountains of Divine truth, that are laid open to us in holy Scripture, if we would attain unto any sound knowledge of the subject: and that too, not in the strength of carnal reason, nor under the impulse of vain curiosity. For against inquirers, under the influence of such a spirit, these fountains are fast closed. The only guide that is competent to lead us is the Spirit of the Lord of hosts, by whose inspiration their history has been recorded; and who in it, as in the whole body of sacred Scripture, doth design to glorify the Son of God incarnate, as the deliverer who turns away iniquity from Jacob, and brings salvation unto the ends of the earth.
ence.
The key to the history of the Jews, as recorded in the Old Testament, will be found in the passage which we have just read from one of the books of Moses. We may not attempt to trace the origin of this people to the causes which usually give birth to nationsthe apparently accidental association of small tribes, their conquest of their weaker neighbours, their consequent increase in numbers and power, and their slow and gradual advancement to wealth and influ
The origin of the Jewish nation is to be found in the sovereign purpose of Divine love-the grand and original spring of all the good that is to be found in the universe of creatures, and as this constitutes the primary cause of the existence of the Jewish nation, so to it are we to refer all the privileges which they enjoyed, and all the excellence by which they were distinguished from the heathen. The purpose of Divine love, however, towards the Jews, is closely and inseparably connected with the redemption of a lost world, by the incarnation, obedience, and death of the Lord Jesus Christ: and, therefore, we shall not understand what we have termed the key to their history, nor be able to make any use of it in explaining its details, unless we carry along with us this important fact. The Jews were often brought apparently to the very brink of destruction, and were repeatedly in danger of being mixed up and confounded with surrounding nations: but the providence of God, which watched over them, said, " Destroy it not, for a blessing is in it," even the blessed Seed who was to be "a light to lighten the Gentiles, and the glory of his people Israel." Luke ii. 32.
But the particular subject of this lecture reminds us of another peculiarity in the history of the Jews, to which we must here advert—and that is, that from first-to last, it runs parallel with the stream of Divine prophecy. To place this deeply interesting matter in a proper light, it is necessary briefly to notice the nature and design of prophecy in general. A prophecy, in the simple acceptation of the term, is the prediction of a future event. The very nature of the thing
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shows that this can be done only by Him who seeth and knoweth all things, and who, therefore, can de-, clare the end from the beginning. By prophecy, therefore, viewed in this simple light, we have a clear demonstration of the absolute perfection and supreme dominion of Him who was, and who is, and who is to come. And hence the frequency, with which the Lord, by his prophets, appeals to this evidence of his glory, in contrast with the idols that were worshipped by the heathen. "I am the Lord, that is my name, and my glory will I not give to another, neither my praise to graven images. Behold the former things are come to pass, and new things do I declare; before they spring forth, I tell you of them." Isaiah xlii. 8.'
But in the sacred Scripture, we have not a few, no, nor many insulated predictions, which stand as só many individual witnesses for the Lord, that he is God. We have one grand and well-compacted scheme of prophecy, extending from the beginning of the world to the end of all things, and embracing the principal events that are to occur in the revolutions of time. The subject, in this view, opens upon us with a grandeur and immensity which are truly wonderful. And to a mind lifted up to the contemplation by the Spirit of light, and sustained in the survey by the everlasting arm, it must afford intense and solemn delight, to see the testimony which it affords, to the infinite glory of Him, to whom all things are known, and by whom all things are controlled. Isaiah xlvi. 5.9, 10: " To whom will ye liken me, and make me equal, and compare me that we may be like? ** ** Remember the former things of old: for I am God, and there is none else; I am God, and there is none like me, declaring the end from the beginning, and from ancient times, the things that are not yet done, saying, my counsel shall'stand, and I will do all my pleasure.
The scheme of prophecy takes its rise in the unfathomable depths of the truth of God, and bears the most indubitable marks of his infinite glory. He
might, had it seemed good in his sight, have written a complete history of the world, before a single event had occurred, or even before the world was called into existence. But, instead of this, he has been pleased to embrace in the scheme of prophecy an epitome of the history of the world: and has held up to view,in-its pure and certain light, the principal points; showing most unequivocally, that he who gave the outline, could, with equal facility, have given the details also. The scheme thus framed, divides itself into two great branches, the one, extending from the fall of man to the coming of the Messiah, the other reaching from his advent in humiliation and sorrow, to his appearance in power and glory, at the consummation of all things.
With the former of these branches, we have especially to deal in the present lecture: and this we see opening in the first prediction, that the seed of the woman should bruise the head of the Serpent. The stream which thus opens upon our view continues to run its majestic course steadily onwards, to the first advent of the Lord Christ. In its progress, it becomes more widely diffused, and more clearly defined; and receives a vast number of tributary streams, all of which, on falling into it, tend towards the same great point. The history of the Jews, therefore, being the effect of the purpose of Divine love, in the redemption of the world by Jesus Christ; it is very obvious, that it must have a close connection with the stream of prophecy, which is in effect just a foreshowing of what that purpose is designed to accomplish. " The testimony of Jesus is the spirit of prophecy." Rev. xix. 10.
In either of the views that have been suggested, the history of the Jews appears invested with the deepest interest. For what is it but a history of the ways of God, preparatory to the grandest event which ever occurred in time, the manifestation of the Son of God in the flesh! And whether we look at the stream of prophecy, issuing from the fountain of eternal truth; or at the parallel stream of history, which records the


A developer bought land in Chicago intending to build apartments on it. The developer had the property for several years and incurred expenses to prepare it for construction. Then the City of Chicago rezoned the property, and the apartments no longer were allowed.
The developer sued the city. The developer claimed its expenditures for the property gave it a vested right to the previous zoning classification. The developer's complaint had two theories. The first asked for a writ of mandamus – i.e., an order that the city issue the building permits. The second demanded a declaration that the developer was entitled to the building permits. After trial, the court ordered the city to issue permits so the apartments could be built. The trial court's judgment granted the mandamus action, but was silent on the declaratory judgment request. The city appealed.
Because the trial court did not explicitly resolve the request for a declaratory judgment, there was a question of whether the order was final and appealable. If not, the appellate court would not have jurisdiction to hear the city's appeal.
We agree with the City that our jurisdiction is not defeated by the fact that the trial court's order does not formally dispose of plaintiffs' request for declaratory judgment. When the relief sought under different counts is identical, and disposition of the one necessarily entails disposal of the other, then the grant of relief under one count will be deemed, for purposes of appeal, to constitute a resolution of the other count as well … In the instant case, plaintiffs' claims for mandamus and declaratory judgment are both predicated upon the same theory–namely, that they acquired vested rights to construction permits by virtue of their expenditures on reliance on the preexisting zoning classification–so, for purposes of appeal, the resolution of the former obviates the necessity of a formal resolution of the latter.
Ultimately, the appellate court affirmed the trial court's ruling. You can read the whole opinion, Cribbin v. City of Chicago, No. 1-06-1671 (8/15/08), by clicking here.


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