Madison v. City of Chicago

Illinois Appellate Court
Civil Court
Tort Immunity Act
Citation
Case Number: 
2017 IL App (1st) 160195
Decision Date: 
Monday, June 26, 2017
District: 
1st Dist.
Division/County: 
Cook Co.
Holding: 
Affirmed in part and reversed in part.
Justice: 
Mikva

Plaintiff sued Defendant alleging that it wrongfully demolished a building in which she had a beneficial interest. Plaintiff sued for wrongful demolition, unlawful taking or inverse condemnation, negligence, and conversion. Defendant filed a motion to dismiss, arguing that Plaintiff’s action was barred by the one-year limitations period in the Tort Immunity Act, because she sued five years after the demolition occurred. Court granted Defendant’s motion. Court improperly granted Defendant’s motion regarding the wrongful demolition claim, because Section 2-101 of the Act exempts claims from wrongful demolition. Court properly dismissed other claims. Plaintiff’s other claims did not fall outside of the scope of the Act because they are “derivative” of the demolition claim.