Donovan v. County of Lake

Illinois Appellate Court
Civil Court
Tort Immunity Act
Citation
Case Number: 
No. 2-10-0390, 2011 IL App (2d) 100390
Decision Date: 
Friday, July 8, 2011
District: 
2d Dist.
Division/County: 
Lake Co.
Holding: 
Affirmed.
Justice: 
BIRKETT
Plaintiffs filed class action to prevent County from issuing revenue bonds repayable solely by water system customers. Plaintiffs have not alleged any actual property loss above and beyond their disappointed commercial expectations, which must be shown to recover in negligence for damages caused by allegedly unfit drinking water; thus, their negligence count was barred by Moorman doctrine. County met its burden to establish that it was shielded from immunity from negligence per Section 2-201 of Tort Immunity Act. Court properly dimsissed breach of contract claim brought under contract which was later modified. County had direct statutory authority to issue revenute bonds payable solely by water system customers. (McLAREN and HUTCHINSON, concurring.)