United States Seventh Circuit

In a suit concerning damage to plaintiffs' property as a result of mine subsidence, summary judgment for defendant is reversed where plaintiffs' claims were not barred by the Illinois Construction Statute of Repose since defendant was sued in its capacity as the owner of the mine, not as a party engaging in construction-related activities.

Appellate Information

• Argued 10/23/2007
• Decided 04/09/2008
• Published 04/09/2008

Judges

• BAUER, Circuit Judge., Before BAUER, CUDAHY and SYKES, Circuit Judges.

Court

• United States Seventh Circuit

Counsel

• For Appellant:
  
• Douglas J. Quivey, Londrigan, Potter & Randle, Springfield, IL, James E. Betke (argued), Chicago, IL, William J. Niehoff, Mathis, Marifian, Richter & Grandy, Belleville, IL, for Plaintiff-Appellant.


• For Appellees:
  
• William A. Schmitt (argued), Greensfelder, Hemker & Gale, Swansea, IL, for Defendant-Appellee.