Updates on cases, laws, and other topics of interest to local governments

Subscribe by Email

Enter your Email:
Preview | Powered by FeedBlitz

Subscribe in a Reader

Follow Municipal Minute on Twitter

Disclaimer

Blog comments do not reflect the views or opinions of the Author or Ancel Glink. Some of the content may be considered attorney advertising material under the applicable rules of certain states. Prior results do not guarantee a similar outcome. Please read our full disclaimer

Friday, March 27, 2015

City Immune from Flooding Lawsuit


In 2006, the Chicago area was hit with a two-day heavy rainstorm that caused widespread flooding. A group of residents of Chicago Heights sued the City after their homes were damaged by flooding. They claim that the City was negligent in allowing the City's sewer system to overflow into their homes.  The City countered that it was immune from suit under the Tort Immunity Act.  The appellate court agreed, and ruled in favor of the City in an unpublished decision, Nichols v. Chicago Heights, 2015 IL App (1st) 122994-U.

The appellate court supported its decision on the basis that the City was protected by discretionary immunity under section 2-201 of the Tort Immunity Act.  For that section to apply, the City's act or omission (in this case, maintenance or operation of the City sewer system) must be both a "determination of policy" and an "exercise of discretion."  Where a municipality engages in a program of public improvement (rather than an implementation of the program), the act or omission is discretionary rather than ministerial.  In this case, the City was clearly acting in its discretionary function in planning its municipal-wide sewer system improvement program, and establishing priorities for constructing those improvements within the City's limited budget.  As a result, the City was immune from the plaintiffs' lawsuit.

Post Authored by Julie Tappendorf

0 comments:

Post a Comment