Patrick Engineering, Inc. v. The City of Naperville

This case presents question as to whether trial court properly dismissed various counts of plaintiff's lawsuit against defendant-City alleging breach of contract based on equitable estoppel theory arising out of work done by plaintiff on City project under circumstances where City employee allegedly told plaintiff to proceed on project, and where instant lawsuit concerned claims that were both within and outside of scope of contract? Appellate Court found that plaintiff stated valid cause of action for breach of contract for work covered by contract. It also found that plaintiff could recover under equitable estoppel theory for work not covered under contract but orally authorized by City representative. In its petition for leave to appeal, defendant argued that equitable estoppel cannot apply to municipality where agent, whose affirmative acts formed basis for estoppel, was not explicitly authorized to perform said acts.