Tzakis v. Maine Township

Summary

The Illinois Supreme Court held that the decision abolishing the public duty rule applies prospectively rather than retroactively to this long-pending flooding litigation, so the rule barred plaintiffs’ negligence-based claims against the public entities. It also held that the complaint did not allege the intent or foreseeability required for flooding to constitute a compensable taking under the Illinois Constitution. The court affirmed the circuit court’s dismissal of the sixth amended complaint and rejected plaintiffs’ request to reinstate or replead additional claims.