The Village of Lomard v. The Department of Transportation

Illinois Appellate Court
Civil Court
Citation
Case Number: 
2013 IL App (2d) 121042
Decision Date: 
November 6, 2013
District: 
2d Dist.
Division/County: 
Du Page Co.
Justice: 
SCHOSTOK
Holding: 
Affirmed.
Dispute between IDOT, Village and County over who has jurisdiction over portion of street in Village. Court properly granted summary judgment in favor of Village and County, ruling that evidence showed that State had jurisdiction over that portion of street. The fact that occasionally the parties behaved as if Village or County had jurisdiction over street is insufficient to show that either of them actually had such jurisdiction. Evidence shows that State had jurisdiction over street in 1971 and State cannot show that jurisdiction was transferred to either Village or County after that point. (BURKE and McLAREN, concurring.)