Grundy v. Lincoln Park Zoo

Illinois Appellate Court
Civil Court
Tort Immunity Act
Citation
Case Number: 
2011 IL App (1st) 1102686
Decision Date: 
Monday, August 1, 2011
District: 
1st Dist.
Division/County: 
Cook Co., 1st Div.
Holding: 
Certified question answered; remanded.
Justice: 
HOFFMAN
A stationary but movable warning sign sitting in same location in outdoor food court of cafe in zoo for summer season is not "a condition of any public property", and can qualify as "public property", under Section 3-106 of Tort Immunity Act, as the Act defines "public property" as including real or personal property owned or leased by a local public entity. The "affixed to the property" qualification, which Stein v. Chicago Park District case held is a requirement for a "condition" of property, is without basis in Illinois law. (HALL and LAMPKIN, concurring.)