Appellate Court Upholds Dismissal of Residents' Case Against Village for Flooding
Homeowners sued a municipality, claiming that the municipality was responsible for recurrent, temporary flooding in their basements over the course of several years. Specifically, they claimed that the flooding violated the "takings clause" of the U.S. Constitution and constituted a nuisance and trespass to their properties, and that the municipality should be held liable because the municipality approved the development in a flood zone. The municipality filed a motion to dismiss the case, arguing that their claims were not timely brought and did not state a valid cause of action. The trial court agreed, and dismissed the case.
On appeal, the Illinois Appellate Court upheld the dismissal of the homeowners' case against the municipality. First, the Court determined that the complaint did not include any allegations establishing that the municipality caused the recurrent, temporary flooding of the homeowners' basements. The Court noted that the homeowners did not claim the municipality constructed a structure that altered the flow of the river or caused the properties to be flooded, nor did the municipality create the rain, river, or floodplain. Instead, the Court found that the municipality did nothing more than allow the homeowners and their predecessors to "act upon their own choices" in purchasing a home in this development. As a result, the "takings" claim was properly dismissed by the trial court.
Second, the Court determined that the homeowners did not allege that their flooded basements resulted from the municipality's use of its own property, so the nuisance claim was also properly dismissed.
Third, the Court held that the flooding of the homes was caused not by the municipality's approval of construction plans, but by natural processes such as substantial rainfall, porous soil, and a shallow water table. As a result, the homeowners' trespass claim was also properly dismissed.
In sum, the Appellate Court determined that the trial court properly dismissed the homeowners' lawsuit because it did not state a valid cause of action against the municipality. Billie v. Village of Channahon.
