Joseph Construction v. The Board of Trustees of Governors State University

Illinois Appellate Court
Civil Court
Citation
Case Number: 
2012 IL App (3d) 110379
Decision Date: 
July 20, 2012
District: 
3d Dist.
Division/County: 
Will Co.
Justice: 
SCHMIDT
Holding: 
Affirmed.
Construction company sued public university for balance due under construction contract. Court properly granted Defendants' Section 2-619 motion to dismiss, as Plaintiff must prosecute its claims in Court of Claims, which has exclusive jurisdiction over action. Public universities are "the State" for purposes of sovereign immunity and must be sued in Court of Claims. Although Plaintiff included equitable claims seeking injunctive and declaratory relief, they were actually a restatement of breach of contract claim. (LYTTON and O'BRIEN, concurring.)