Salvi v. The Village of Lake Zurich

Illinois Appellate Court
Civil Court
Tort Immunity Act
Citation
Case Number: 
2016 IL App (2d) 150249
Decision Date: 
Monday, October 31, 2016
District: 
2d Dist.
Division/County: 
Lake Co.
Holding: 
Affirmed in part and reversed in part; remanded.
Justice: 
McLAREN

Plaintiff alleged that Village's renovation of a detention pond near office building on property Plaintiff owned caused pond to overflow during a heavy rain, flooding bottom floor of building. Plaintiff alleged that Village failed to follow Watershed Ordinance and was thus liable for damage to property when pond overflowed. Sections 2-103, 2-104, 2-106, and 3-105 of Tort Immunity Act provides no immunity to Village. In count alleging breach of contract, Plaintiff failed to plead her status as a 3rd-party beneficiary of easement agreement (signed by church, Village, and library), and thus court properly dismissed that count. However, court generally should give a plaintiff some opportunity to cure defects in complaint, and thus dismissal with prejudice is vacated. Court properly dismissed count for mandamus, as Village could not be compelled to perform official duties in regard to the pond, as it had only private, not official, duties to perform. (HUDSON and BIRKETT, concurring.)