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


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, February 7, 2020

Property Owner Failed to File Lawsuit Within One Year

In 2007, in conjunction with an IDOT right of way project, a municipality relocated a fire hyrdrant on private property. In 2011, the property owner contacted the municipality demanding $2500 for an easement to allow the hydrant to maintain on his property. The municipality countered with a $500 offer, which was rejected. 

Three years later, the property owner filed a lawsuit against the municipality. The court ruled in favor of the municipality, finding that the property owner filed his lawsuit too late. On appeal, the appellate court agreed with the ruling in favor of the municipality, finding that Section 8-101(a) of the Tort Immunity Act requires lawsuits like this one to be filed within one year of the claimed injury. Here, the court determined that the property owner was aware of his injury in 2011, but waited until 2014 to file his lawsuit - 3 years too late. Bessette v. Village of Plainfield


Post a Comment