Supreme Court of Illinois

In a suit seeking a declaration that defendant-village lacked statutory authority to collect certain impact fees and also seeking a refund as to fees paid by plaintiff construction company, dismissal of the claim as untimely under the Tort Immunity Act is reversed where the Act excludes the type of cause of action at issue, which is properly characterized as seeking restitution, rather than damages.

Appellate Information

• Decided 03/18/2004
• Published 03/18/2004

Judges

• Justice FITZGERALD delivered the opinion of the court:

Court

• Supreme Court of Illinois

Counsel

• For Appellant:
  
• John M. Mullen, Libertyville, for appellant., Patrick A. Lucansky, Gerard E. Dempsey and Rinda Y. Allison, of Klein, Thorpe & Jenkins, Ltd., Chicago, for amicus curiae Village of Kildeer., Mara S. Georges, Corporation Counsel, Chicago (Lawrence Rosenthal, Benna Ruth Solomon and Erika Dunning, of counsel), for amicus curiae City of Chicago., Roger Huebner, Springfield, for amicus curiae Illinois Municipal League.


• For Appellees:
  
• Morrison & Morrison, P.C., Waukegan (Margaret Morrison Borcia, of counsel), for appellees.