Township of Jubilee v. State, 960 N.E.2d 550

Dispute over ownership of two parcels in Jubilee Township known as the public square.
The public square originated from a 1839 land acquisition by Philander Chase for Jubilee College; a 1860 plat labeled Plan of Jubilee was recorded and impliedly dedicated the public square.
Jubilee College was dissolved in 1926; ownership of the land reverted to heirs, with 1931 sales and subsequent conveyances not including the public square.
The State later deeded land to itself and maintained a sign and prairie area on the public square; the Township asserted ownership and filed a quiet title action in 2003.
The State answered in 2008 and moved for summary judgment in 2009; the Township sought summary judgment in its favor, and the circuit court granted it, with the State appealing; the appellate court affirmed.
The central issue is whether the circuit court had jurisdiction to enter summary judgment against the State under sovereign immunity and the State Lawsuit Immunity Act.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Does the circuit court have jurisdiction to enter summary judgment against the State in a quiet title action?	Township: circuit court jurisdiction exists; State elected to participate and defend, triggering court authority.	State: sovereign immunity prohibits being named a defendant in court; only the Court of Claims may adjudicate claims against the State.	Yes; circuit court had jurisdiction; State could file its own quiet title action and immunity was not a barrier.
Does the State's counter-pleading in the same proceeding affect jurisdiction?	Form should not defeat substantial justice; pleadings construed by content, not caption.	Procedural labeling matters; the counter-claim could affect jurisdiction.	No; form does not defeat jurisdiction; treating pleadings by substance preserves jurisdiction.

Sass v. Kramer, 72 Ill.2d 485 (1978) (State quiet title action cannot proceed in circuit court if the State is the real party)
People ex rel. Manning v. Nickerson, 184 Ill.2d 245 (1998) (only legislature can waive sovereign immunity; counsels' defense actions do not waive immunity)
Roselle Police Pension Bd. v. Village of Roselle, 232 Ill.2d 546 (2009) (statutory construction to avoid absurd results; avoid improper technicalities)
Nelson v. Biegel, 118 Ill.App.3d 592 (1983) (pleadings should be treated by substance over form to serve substantial justice)
State Building Venture v. O'Donnell, 239 Ill.2d 151 (2010) (sovereign immunity limits, but does not bar circuit court jurisdiction when State engages in litigation)
Millennium Park Joint Venture, LLC v. Houlihan, 241 Ill.2d 281 (2010) (de novo review for summary judgment and sovereign immunity contexts)