Van Meter v. Darien Park District

Though the majority holds that the trial court “improperly dismissed” the plaintiffs’ claims (207 Ill. 2d at 367), it does not answer the question presented by this case: namely, whether the municipal defendants are entitled to immunity under section 2 — 201 of the Tort Immunity Act for their park-planning decisions. Instead, without any invitation from the parties, the majority transforms this case from an immunity case into a pleading case, stretching to do procedurally what it could not do substantively — remand to give the plaintiffs another day in court. While I applaud the majority’s…