Gillespie Community School Dist. No. 7 v. Wight & Co.

This case presents question as to whether trial court properly dismissed plaintiff-school board’s fraudulent misrepresentation action as being time-barred under five-year limitation period set forth in section 13-205 of Code of Civil Procedure, where said action arose out of defendant-architect’s alleged failure to provide plaintiff with adequate information regarding risk of mine subsidence at construction site of new school. Record showed that new school was completed in 2002, that mine subsidence did not take place until approximately seven years later, and that contract between parties indicated that any limitations period began to run at time plaintiff occupied new school. In its petition for leave to appeal, plaintiff argued that five-year limitations period set forth in section 13-205 did not apply to instant fraudulent misrepresentation claim.