Henderson v. State

ORDER

Raucci, J.

This cause coming on to be heard on Respondent’s motion to dismiss, the Court having considered the memoranda and oral arguments of the parties, and being fully advised in the premises, finds that the issue before the Court is whether the Respondent can delegate its duty to maintain State roadways to units of local government, and, consequently, suffer no liability if a unit of local government is negligent in its maintenance.

Illinois Revised Statutes 1989, ch. 121, par. 4—405 provides in pertinent part:

“The Department shall maintain all highways in the State highway system…