People Ex Rel. Madigan v. EXCAVATING AND LOWBOY SERVICES, INC.

In the proceedings below, the trial court dismissed the City of Harvey’s (the City) third-party complaint against the Illinois Department of Transportation (IDOT) and its former secretary, Timothy Martin, after determining that relief was barred by the doctrine of sovereign immunity and the complaint failed to plead sufficient facts to substantiate the claim. On appeal, the City contends: (1) the State expressly consented to suit based on the Illinois Environmental Protection Act (Environmental Act) (415 ILCS 5/1 et seq. (West 2004)); (2) dismissal was erroneous as to Martin; (3) the…