Ambrosia Land Investments, LLC v. Peabody Coal Co.

BAUER, Circuit Judge.

Plaintiff-Appellant Ambrosia Land Investments, LLC1 (“Ambrosia”) and Intervening Plaintiff-Appellant Illinois Mine Subsidence Insurance Fund (“the Fund”) (collectively “the Plaintiffs”) appeal the district court’s conclusion that their claims are barred by the Illinois Construction Statute of Repose, 735 ILCS 5/13 — 214(b). For the following reasons, we reverse.

I. Background

In 1995, Ambrosia constructed a warehouse on its property in St. Clair County, Illinois, which happened to be located above St. Ellen Mine (“the Mine”), an underground coal mine originally built in the…