Harvest Church of Our Lord v. The City East St. Louis, Illinois

Illinois Appellate Court
Civil Court
Tort Immunity Act
Citation
Case Number: 
No. 5-09-0675
Decision Date: 
Thursday, February 10, 2011
District: 
5th Dist.
Division/County: 
St. Clair Co.
Holding: 
Certified questions answered; remanded.
Justice: 
WEXSTTEN
The one-year statute of limitations in Section 8-101(a) of Tort Immunity Act does not apply to cause of action for damages per Section 1-4-7 of Municipal Code. Language in Section 2-101(e) of Tort Immunity Act which states that nothing in the Act affects the liability of a local public entity or employee based on Section 1-4-7 of Municipal Code obviates the application of this one-year statute of limitations to Plaintiff's wrongful-demolition action. Plaintiff's suit for wrongful demolition is thus not barred by the one-year statute of limitations of Section 8-101(a) of Tort Immunity Act. (CHAPMAN and GOLDENHERSH, concurring.)