Ballinger v. City of Danville
966 N.E.2d 594
Ill. App. Ct.2012Background
- Ballinger acquired 1903 Deerwood, Danville via tax deed; property had an uninhabited home.
- City posted a demolition/remediation notice on February 7, 2008 directed at the building on the Property.
- City demolished the house March 14–19, 2008; demolition completed; plaintiff discovered it June 21, 2008.
- Plaintiff filed suit May 7, 2009; first-amended complaint filed October 30, 2009 seeking wrongful demolition and related relief.
- City moved to dismiss under Immunity Act 8-101(a) one-year limit and asserted notice compliance; court granted motion July 5, 2011.
- Court held discovery rule applicable issues and remanded, with counts I and III revived while count II affirmed as constitutional.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether 8-101(a) discovery rule applies | Ballinger argues discovery rule tolls the one-year limit. | City contends discovery rule does not apply to this claim. | Discovery rule does apply; one-year limit not applicable. |
| Whether City complied with notice requirements | Ballinger argues notice was inadequate or defective. | City contends notice met statutory requirements. | Court affirmed dismissal of count II but ultimately remanded; notice issue not dispositive for I/III. |
Key Cases Cited
- Harvest Church of Our Lord v. City of East St. Louis, 407 Ill.App.3d 649 (2011) (excludes 1-4-7 actions from Immunity Act limitations)
- Collins v. Town of Normal, 2011 IL App (4th) 100694 (2011) (Immunity Act not applicable to Workers' Comp-related action; supports Harvest Church reasoning)
- Raintree Homes, Inc. v. Village of Long Grove, 209 Ill.2d 248 (2004) (excludes certain actions from Immunity Act; supports tolling analysis)