Mack Industries, Ltd. v. The Village of Dolton

Illinois Appellate Court
Civil Court
Tort Immunity Act
Citation
Case Number: 
2015 IL App (1st) 133620
Decision Date: 
Tuesday, March 31, 2015
District: 
1st Dist.
Division/County: 
Cook Co., 5th Div.
Holding: 
Affirmed.
Justice: 
REYES
(Court opinion corrected 4/27/15.) Plaintiff company filed complaint arising out of Village's provision of water service. Village ordinance prohibited private supply of water to any structure where water service is introduced. Ordinance imposes joint and several liability on Plaintiff for any unpaid water charges for its properties. Plaintiff failed to allege facts showing that Village failed to perform ministerial tasks, and thus failed to allege tangible legal interest in case. Village's provision of water service represents exercise of its police power, not establishment of voluntary contractual relationship, and thus court properly dismissed breach of contract count. Plaintiff's allegations that Village issued citations without providing opportunity to cure fall within scope of immunity of Section 2-208 of Tort Immunity Act.(PALMER, concurring; GORDON, concurring in part and dissenting in part.)