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First Baptist Church of Lombard v. Illinois Department of Transportation

47 Ill. Ct. Cl. 423 Illinois Court of Claims Filed 1995-01-04 No. 93-CC-0318
Disposition: (No. 93-CC-0318-Claim dismissed.) Agency: Illinois Department of Transportation
Cite as: First Baptist Church of Lombard v. Illinois Department of Transportation, 47 Ill. Ct. Cl. 423 (1995)
General Court of Claims 47 dismissed 1990s First Baptist Church of Lombard v. Illinois Department of Transportation 47 Ill. Ct. Cl. 423 1995-01-04 (No. 93-CC-0318-Claim dismissed.) /opinions/v47-p0426-1/

FIRST BAPTIST CHURCH OF LOMBARD, Claimant, v. THE STATE OF ILLINOIS, DEPARTMENT OF TRANSPORTATION, Respondent.

Case summary

Claimant sought damages related to construction of Interstate 355, but the court found the Illinois Department of Transportation had no involvement and that the real party in interest was the Illinois State Toll Highway Authority, which is immune from liability in the Court of Claims. The court dismissed the claim for lack of jurisdiction.

Claim type: Other

AI-generated summary from the opinion text — may contain errors. The opinion text and PDF above are the official record.

Headnotes

  1. JURISDICTION-State improperly named as party respondent-claim dismissed for lack of jurisdiction. In a claim against the Department of Transportation arising out of the construction of a highway, where the Claimant moved for a change of venue to the circuit court, and the State moved to dismiss the claim because the Department was not involved in constructing the roadway in question, the Claimant’s motion was denied because the Court of Claims is the appropriate forum for claims against the State, while the State’s motion was granted and the claim was dismissed for lack of jurisdiction based upon the motion’s uncontested allegations that the State had no involvement in the project and was not the proper party respondent.

ORDER

RAUCCI, J.

This cause coming on to be heard on the Respondent’s motion to dismiss, and the Claimant’s motion for change of venue, the Court being fully advised in the premises finds:

(1) The Respondent has moved to dismiss on the grounds that the Illinois Department of Transportation had no involvement in the construction of Interstate 355 in the Village of Lombard, Du Page County, Illinois, and that Claimant’s claim should be directed against the Illinois State Toll Highway Authority. The Claimant has not responded to the motion to dismiss, but in its motion for change of venue, Claimant asserts that the Illinois Department of Transportation: [*424] “was incorrectly named in said complaint in that the real party in interest is the State Toll Highway Authority, Illinois which entity is immune from liability in the Court of Claims.”

(2) Claimant’s motion for change of venue seeks an order transferring venue to the circuit court of the 18th judicial circuit. No authority is cited for such an action, and we are not aware of any such authority.

(3) The complaint names only one Respondent, namely “State of Illinois, Department of Transportation (I.D.O.T.).” Jurisdiction of claims against the Illinois Department of Transportation resides in the Court of Claims and not the circuit court. Accordingly, there is nothing to transfer to the circuit court.

(4) Based on the uncontested allegations of the motion to dismiss, we find that we do not have jurisdiction of this matter.

It is therefore ordered that

(1) The Claimant’s motion for change of venue is denied.

(2) The Defendant’s motion to dismiss is granted, and this claim is dismissed with prejudice for lack of jurisdiction.

Official volume 47 (Containing cases in which opinions were filed and orders of dismissal entered, without opinion for: Fiscal Year 1995 – July 1, 1994–June 30, 1995)  ·  All opinions in this volume  ·  Also on CourtListener

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