(DOWNLOAD) "City of Shelbyville v. Shelbyville Restorium" by Supreme Court of Illinois # Book PDF Kindle ePub Free
eBook details
- Title: City of Shelbyville v. Shelbyville Restorium
- Author : Supreme Court of Illinois
- Release Date : January 17, 1983
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 73 KB
Description
In this appeal by defendant, Shelbyville Restorium, Inc., a home builder, we are asked to decide whether the statute of limitations may be raised as a defense to an action by a municipality seeking money damages and an order compelling the defendant to construct certain streets in a subdivision. The circuit court of Shelby County ruled that it could and dismissed the action; the appellate court, in a Rule 23 order (87 Ill.2d R. 23), held that the municipality was immune from the defense and remanded the cause for trial (106 Ill. App.3d 1164). The city of Shelbyville brought this action to enforce and recover damages under an ordinance which it passed in 1967 at the time it approved defendant's subdivision plat and annexed the subdivision to the city. The complaint, filed in 1980, alleged that the 1967 ordinance required as a condition of annexation that certain streets should be constructed in the subdivision and that the city should bear none of the expense of constructing them, that the ordinance remains in effect, that the defendant has failed to construct many of the streets in question, that those streets which defendant has constructed did not meet the specifications set forth in the ordinance, and that the city eventually constructed or repaired the streets at great expense to itself. The first three counts sought money damages for expenditures which the city incurred or projected it would incur in remedying defendant's omissions, while counts IV and V sought an order requiring defendant to construct certain streets on which work had not already begun and enjoining the sale by defendant of any unsold lots in the subdivision until such construction was completed. The defendant filed a motion to dismiss the complaint, asserting that it did not state a cause of action and also invoking the bar of the statute of limitations. The circuit court addressed only the latter contention; the appellate court, in reversing and remanding, similarly addressed only the claim involving the statute of limitations. The reversal was grounded on the common law rule that the statute of limitations may not be asserted against the State or its county or municipal subdivisions as plaintiffs in actions involving public rights (People ex rel. City of Chicago v. Commercial Union Fire Insurance Co. (1926), 322 Ill. 326, 332) and the appellate court's conclusion that the rights sought to be vindicated by the city of Shelbyville were of a public character.
 "City of Shelbyville v. Shelbyville Restorium" by Supreme Court of Illinois # Book PDF Kindle ePub Free){kind=link}