Xochi, LLC v. City of Galena

Illinois Appellate Court
Civil Court
Local Government Tort Immunity
Citation
Case Number: 
2022 IL App (4th) 220340
Decision Date: 
Tuesday, December 6, 2022
District: 
4th Dist.
Division/County: 
Jo Daviess Co.
Holding: 
Affirmed.
Justice: 
STEIGMANN

Plaintiff filed a lawsuit against the City of Galena alleging that the city breached its ministerial duty to complete a zoning form and caused harm to the plaintiff when it lost a lease on a building. The circuit court granted the defendant’s motion to dismiss finding that the city was immune from liability under section 2-104 of the Local Governmental and Governmental Employees Tort Immunity Act and that the plaintiff failed to state a prima facie case for negligence. The appellate court affirmed, finding that section 2-104 shielded the city from liability. (HARRIS and BRIDGES, concurring)