Borkoski v. Tumilty

This is an interlocutory appeal pursuant to the provisions of Supreme Court Rule 308. (Ill. Rev. Stat. 1975, ch. 110A, par. 308.) All the prerequisites of Rule 308 have been met and no questions are raised concerning the propriety of using the interlocutory appeal procedure. Given the nature of the issues presented for review, a detailed account of the pleadings is required.

Defendant, City of DeKalb, appeals from an order of the circuit court of LaSalle County which vacated an earlier order that had dismissed plaintiff’s complaint as to the City of DeKalb. The plaintiff, Gene Borkoski, was…