City of Shelbyville v. Shelbyville Restorium, Inc.

In this appeal by defendant, Shelbyville Restorium, Inc., a home builder, we are asked to decide whether the statute of limitations may be raised as a defense to an action by a municipality seeking money damages and an order compelling the defendant to construct certain streets in a subdivision. The circuit court of Shelby County ruled that it could and dismissed the action; the appellate court, in a Rule 23 order (87 Ill. 2d R. 23), held that the municipality was immune from the defense and remanded the cause for trial (106 Ill. App. 3d 1164).

The city of Shelbyville brought this action to…