Court dismissed with prejudice Plaintiffs' 2nd amended complaint against Village. Plaintiffs obtained a permit from Village ot build a "garage, patio, driveway" on their property, and erected a metal pole barn in conformance with permit. Five years later, County sued Plaintiffs for violation of a County ordinance, alleging they built structure in a regulatory flood-prone area without a stormwater management permit issued by County. Plaintiffs sued Village, alleging breach of contract and violation of Consumer Fraud Act, claiming that Village had a duty to disclose County's permit requirement when Plaintiffs applied for building permit from Village. A building permit issued by a municipality does not create a contract between municipality and the permittee. Consumer Fraud Act does not apply to a transaction involving a municipality's regulatory and legal powers. Even if Act were to apply, Complaint is barred by statute of limitations, as it was not filed within 3 years after cause of action accrued. (BIRKETT and BURKE, concurring.)
Illinois Appellate Court
Civil Court
Consumer Fraud and Deceptive Business Practices Act