Tzakis v. Berger Excavating Contractors, Inc.

Filing Date: 2009
Case Categories:
Principal Laws:
State Law—Trespass, Fifth Amendment—Takings, State Law—Nuisance, State Law—Negligence, Illinois Local Governmental and Governmental Employees Tort Immunity Act, Illinois State Constitution
Description: Action against defendants, including municipal defendants, whose actions or inaction allegedly contributed to property damage during floods in 2008.
  • Tzakis v. Berger Excavating Contractors, Inc.
    Docket number(s): 09 CH 6159, 10 CH 38809, 11 CH 29586, 13 CH 10423
    Court/Admin Entity: Ill. Cir. Ct.
    Case Documents:
    Filing Date Type File Action Taken Summary
    04/03/2015 Order Download An Illinois Circuit Court dismissed claims against the Metropolitan Water Reclamation District, Maine Township, and Park Ridge in a lawsuit brought by people whose property sustained damage in floods in 2008. The plaintiffs’ charges included that these municipal defendants, which had jurisdiction over a stormwater system, caused the flooding, due in part to their failure to prepare for climate change impacts. The court held that the public duty rule exempted the municipal defendants from liability.
    01/13/2012 Complaint Download Amended fifth amended class action complaint filed.