People Ex Rel. Manning v. Nickerson

I agree with that portion of the court’s judgment holding that the defendant must refile his tort counterclaims in the Court of Claims. I disagree, however, with the determination that the counterclaim seeking ejectment of the state from the land at issue may properly be asserted in the circuit court. I therefore respectfully dissent from that portion of today’s opinion.

As the majority observes, actions against the State of Illinois may not be brought in any court except as permitted under the Court of Claims Act (Act). Sass v. Kramer, 72 Ill. 2d 485 (1978). Consistent with this principle, a…