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Ed Marcus v. State of Illinois

59 Ill. Ct. Cl. 357 Illinois Court of Claims Filed 2007-06-12 No. 07-CC-1093
Disposition: (No. 07-CC-1093 - Claim Dismissed) Agency: Illinois Housing Development Authority
Cite as: Ed Marcus v. State of Illinois, 59 Ill. Ct. Cl. 357 (2007)
General Court of Claims 59 dismissed 2000s Ed Marcus v. State of Illinois 59 Ill. Ct. Cl. 357 2007-06-12 (No. 07-CC-1093 - Claim Dismissed) /opinions/v59-p0357-1/

ED MARCUS, Claimant v. STATE OF ILLINOIS, Respondent

Case summary

Claimant sought damages for flooding in his apartment, alleging breach of contract and negligence. The court dismissed the claim for lack of jurisdiction because the Illinois Housing Development Authority is an independent entity, not an agency of the State.

Claim type: Other

Statutes cited: 20 ILCS 3805/4; 20 ILCS 3805/7 8

Cases cited: Marvin A Brustin, Ltd v. State of Illinois, 50 Ill Ct.Cl. 336; Emma Rosado v State of Illinois, No. 04-CC-0835

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

Headnotes

  1. LISA MADIGAN, Attorney General (ROBERT SKLAMBERG, Assistant Attorney General, of counsel) for Respondent
  2. Jurisdiction - Illinois Housing Development Authority - Claimant’s complaint against the Illinois Housing Authority for breach of contract and negligence for damages sustained to property from flooding was dismissed with prejudice for lack of jurisdiction.
  3. Jurisdiction - Illinois Housing Development Authority - The Illinois Housing Development Authority is not an agency or division of the State of Illinois, but instead is an independent entity created by the Illinois Housing Development Act. Among its powers and authorities, the Authority may sue and be sued in its own name. Thus, the Authority is not an agency of the State, but merely an instrumentality of government created by the legislature, over which this Court of Claims has no jurisdiction.

ORDER

BIRNBAUM, J.

This cause coming on to be heard on respondent’s motion to dismiss the claim herein, due notice having been given the parties hereto, and the Court being fully advised in the premises.

THE COURT FINDS that Claimant leased real property from respondent at a premises commonly known as Lake Shore Plaza, 445 E. Ohio, Chicago, Illinois. Claimant filed a complaint on October 10, 2006 for damages allegedly sustained when claimant’s apartment flooded in February, 2006. The complaint advances breach of contract and negligence theories.

The Illinois Housing Development Authority is not an agency or division of the State of Illinois, but instead is an independent entity created by [*358] the Illinois Housing Development Act (20 ILCS 3805/4). Among its powers and authorities, the Authority may sue and be sued in its own name (20 ILCS 3805/7 8).

Thus, the Authority is not an agency of the State, but merely an instrumentality of government created by the legislature, over which this Court has no jurisdiction. See Marvin A Brustin, Ltd v. State of Illinois, 50 Ill Ct.Cl. 336. This Court more recently dismissed a case very similar to the claim herein, involving the Authority’s property at 445 E. Ohio in Chicago Emma Rosado v State of Illinois, No. 04-CC-0835 (Order entered September 23, 2004).

We hold that Claimant’s complaint must therefore be dismissed for this Court’s lack of jurisdiction over claims against the Illinois Housing Development Authority.

IT IS THEREFORE ORDERED that respondent’s motion is hereby granted, and the claim herein is dismissed, with prejudice.

Official volume 59 (Official Reports of the Illinois Court of Claims For: Fiscal Year 2007 – July 1, 2006–June 30, 2007)  ·  All opinions in this volume

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