Village of Wilsonville v. Earthline Corp.

Section 12 provides a summary procedure for the assessment of damages upon the dissolution before final judgment of a wrongfully issued preliminary injunction. Although damages are not assessable until the preliminary injunction has been dissolved, the amount of damages awarded is irrelevant to the ultimate resolution of the case or controversy. Schien v. City of Virden (1955), 5 Ill. 2d 494, 502-03, 126 N.E.2d 201.

The majority, unfortunately, misconstrues prior case law and the effect of the Tort Immunity Act on these facts.

In County of Lake v. Cuneo (1951), 344 Ill. App. 242, 100 N.E.2d…