2015 IL App (3d) 140763
Ill. App. Ct.2016Background
- Plaintiffs Duane and Mildred Sorrells sue DK Linde for flooding on their Scotch Pine land allegedly caused by Linde’s development.
- Plaintiffs later add an inverse condemnation claim against the City of Macomb over drainage from Phases 1 and 2 of Scotch Pine dedicated to the City.
- City moves to dismiss inverse condemnation counts under section 2-615, asserting immunity under the Local Governmental and Governmental Employees Tort Immunity Act and statute-based defenses.
- Trial court grants City’s immunity-based 2-615 dismissal; plaintiffs amend complaints multiple times seeking damages and mandamus for condemnation.
- Court analyzes whether plaintiffs stated a cognizable inverse condemnation claim where drainage from a private development, via streets and detention basins, allegedly damages plaintiffs’ land.
- Court ultimately holds the third-amended complaint fails to state an inverse condemnation claim because alleged flooding was caused by private development, not government action, and no taking occurred.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Was count IV sufficient to state inverse condemnation? | Sorrells: drainage from development and streets constitutes a drainage easement taking. | City: allegations fail to show government-caused taking; drainage from private development cannot support inverse condemnation. | No; count IV failed to state an inverse condemnation claim. |
Key Cases Cited
- Arkansas Game & Fish Comm’n v. United States, 133 S. Ct. 511 (Supreme Court 2012) (factors for takings; temporary flooding may be compensable)
- Patzner v. Baise, 133 Ill. 2d 540 (Ill. 1990) (damaged property under Illinois Constitution; distinction from taking)
- Pratt v. Rosenfield, 399 Ill. 247 (Ill. 1948) (mandamus relief for eminent domain actions; government action context)
- Rigney v. City of Chicago, 102 Ill. 64 (Ill. 1881) (taking framework; government action requirement for condemnation)
- Horn v. City of Chicago, 403 Ill. 549 (Ill. 1949) (damaged vs. taken property under Illinois Constitution)