Urban v. Village of Inverness

I agree -with the majority that the statute of limitations did not begin to run until the last injury. However, I disagree with the majority as to the propriety of reversal of the trial court’s summary action at least as to the Inverness Park District.

The Illinois Drainage Code provides that only a party who wilfully obstructs or damages a drainage pipe may be held liable for damages resulting therefrom. (Ill. Rev. Stat. 1985, ch. 42, par. 12—7.) Illinois case law establishes that the only duty a party participant of a drainage system has is to refrain from overt acts which are disruptive of…