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Document Type

Article

Media Type

Text

Abstract

This casenote will discuss and examine how the Local Government and Governmental Employees Tort Immunity Act ("Tort Immunity Act" or "the Act") should be applied in Illinois based on a case of first impression: In re Consolidated Objections to Tax Levies of School District No. 205, for Years 1991 Through 1996. Section I of this casenote is divided into two segments. Section A discusses the development and historical attributes of tort liability by analyzing the common law development of tort liability and the doctrine of sovereign immunity. Section B chronologically examines the development and language modifications of the Tort Immunity Act in Illinois up to its present status. Specific reference to the relevant sections of the current Tort Immunity Act including the changes made with the enactment of new Public Law 91-628 will be discussed. Section 11 provides the factual basis for the Second District appellate court's decision to limit the application of the Tort Immunity Act. Section 11 is divided into a four-part analysis. Section A elaborates on the appellant's main arguments for allowing the Act to fund the remedies. Section B discusses the main arguments of the appellees against using the Act to fund the desegregation remedies. Section C traces the reasoning of the majority opinion to its conclusion. Section D analyzes the key strengths and weaknesses of the appellate court's opinion. This section of the casenote argues that the Second District appellate court's analysis holding the Tort Immunity Act inapplicable as a method of funding desegregation, while logically and factually reasoned, is not practically based. Finally, Section IV of this casenote addresses the future impact of this decision. This section will look at the practical effects of this decision on the local community and also analyze the issues the Illinois Supreme Court will be facing if they decide to hear this case.

First Page

711

Last Page

744

Publication Date

7-1-2000

Department

College of Law

ISSN

0734-1490

Language

eng

Publisher

Northern Illinois University Law Review

Included in

Law Commons

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