Doyle v. Village of Tinley Park

Illinois Appellate Court
Civil Court
Tort Immunity Act
Citation
Case Number: 
2018 IL App (1st) 170357
Decision Date: 
Friday, September 28, 2018
District: 
1st Dist.
Division/County: 
Cook Co., 2d Div,
Holding: 
Affirmed.
Justice: 
MASON

Plaintiffs filed negligence suit against Village and developer of subdivision where their home, which they alleged sustained structural damage due to drainage problems. Court properly dismissed suit against developers, as Plaintiffs lacked standing to sue under annexation agreement either as successor owners or as 3rd-party beneficiaries. Court properly granted summary judgment to Village, as it was immune from suit under Tort Immunity Act, as to actions in determining policy when acting in exercise of discretion. Remedial measures by Village work crews were discretionary in nature, and workers decided their actions were sufficient to fill in sinkhole and in other steps in repair process. (PUCINSKI and HYMAN, concurring.)