ILLINOIS POLLUTION CONTROL BOARD
    PEOPLE OF THE STATE OF ILLINOIS,
    ex
    )
    reI.
    LISA MADIGAN, Attorney General ofthe
    )
    State
    of lllinois,
    )
    )
    Plaintiff,
    )
    )
    ~
    )
    )
    COMMUNITY LANDFILL CO., an lllinois
    )
    Corporation, and the
    CITY OF MORRIS, an
    )
    Illinois Municipal Corporation,
    )
    Defendants.
    NOTICE OF FILING
    TO: SEE ATTACHED SERVICE LIST
    PCB 03-191
    (Enforcement - Land)
    PLEASE TAKE
    NOTICE that on December 6, 2007, we electronically filed with the
    Clerk
    of the illinois Pollution Control Board, City's Motion to Bar Punitive Damages, a copy of
    which is attached hereto and hereby served upon you.
    Dated:
    December 6, 2007
    Charles F. Heisten
    Richard
    S. Porter
    Hinshaw & Culbertson LLP
    100 Park Avenue
    P.O. Box 1389
    Rockford, IL 61105-1389
    815-490-4900
    Scott M. Belt
    &
    Associates, P.C.
    105 East
    Main Street #206
    Morris, IL 60450
    (815) 941-4675
    Respectfully submitted,
    On behalfofthe CITY OF MORRIS
    lsi
    Richard S. Porter
    One
    of Its Attorneys
    70535478v! 806289
    Electronic Filing: Received, Clerk's Office, December 6, 2007
    ILLINOIS POLLUfION CONTROL BOARD
    PEOPLE OF THE STATE OF ILLINOIS,
    )
    )
    Complainant,
    )
    )
    ~
    )
    )
    COMMUNITY LANDFILL COMPANY, INC., )
    and CITY OF
    MORRIS~
    an Illinois Municipal
    )
    Corporation"
    )
    )
    Respondents.
    )
    PCB 03-191
    (Enforcement - Land)
    CITY'SMOTION TO BAR PUNITIVE DAMAGES
    NOW COMES Respondent, CITY OF MORRIS, by and through its attorneys,
    HINSHAW
    &
    CULBERTSON LLP, and for its Motion to Bar Punitive Damages, states as
    follows:
    1.
    On September 5, 2007, the City filed a Motion for Leave to File Amended
    Affinnative Defenses.
    2.
    The City's Amended Affirmative Defenses raise the affirmative defense
    of
    immunity pursuant to the Local Governmental and Governmental Employees Tort hnmunity Act,
    745 ILCS 10/10101
    et seq,
    which bars the imposition of penalties against municipalities. 745
    ILCS 10/2-102;
    see Boyles
    v.
    Greater Peoria Mass Transit Dist.,
    113 ll1.2d 545,554,499 N.E.2d
    435,439 (1986)
    ("In
    view of the Tort Immunity Act's express prohibition of assessing punitive
    damages against local governmental entities,
    we fmd inherent in the Act a public policy against
    imposing punitive damage liability on local taxpayers."). The Illinois Supreme Court has
    explained that punitive damages are those damages which are awarded in order to punish the
    offender and to deter that party and others from committing similar acts
    of wrongdoing.
    Loitz
    v.
    Remington Arms Co.,
    138 Il1.2d 404, 414. 563 N.E.2d 397 (1990). Thus, it is clear that the
    damages sought
    by the State for the purpose of punishment or as a deterrent to others constitute
    punitive damages, which are barred
    by the Tort Immunity Act.
    See Paulson
    v.
    County of De
    7054568 J
    v
    J 806289
    Electronic Filing: Received, Clerk's Office, December 6, 2007
    Ka/b,
    268 Ill.App.3d 78,83,644 N.E.2d 37,40 (2
    nd
    Dist. 1994) (holding that the Tort hnmunity
    Act barred the imposition
    of statutorily available treble damages against county-run nursing
    home).
    3.
    The City has further asserted its immunity pursuant to,
    inter alia,
    Section 10/2-
    109
    of the Local Government and Governmental Employees Tort hnrnunity Act, from liability
    for an act
    or omission ofits employee where the employee is not liable.
    4.
    Given the State's request for punitive damages for the express purpose
    of
    punishing the City and deterring other municipalities, the City anticipates that the Board's
    decision will address the affIrmative defense
    of immunity from punitive damages, and the City
    therefore reiterates its defense under the Illinois Tort Immunity Act, which remains an important
    consideration as the Board considers what remedy,
    if any, should be imposed against the City.
    WHEREFORE, the City of Morris,
    an
    lllinois Municipal Corporation, prays that the
    Board fmd that the Illinois Tort Immunity
    Act bars the imposition of punitive damages and
    attorneys fees
    as against the City.
    Dated:
    December 6, 2007
    Richard S. Porter
    Hinshaw
    &
    Culbertson LLP
    100 Park Avenue
    P.O. Box 1389
    Rockford, lL 61105.1389
    815-490-4900
    2
    Respectfully submitted,
    On behalf of the CITY OF MORRIS
    lsi
    Richard S. Porter
    Richard S. Porter
    One
    of Its Attorneys
    70S4S681vl 806289
    Electronic Filing: Received, Clerk's Office, December 6, 2007
    AFFIDAVIT OF SERVICE
    The undersigned, pursuant to the provisions of Section 1-109 of the lllinois Code of Civil
    Procedure, hereby
    WIder penalty of peIjury under the laws of the United States of America,
    certifies that on December 6,2007, she caused to be served a copy of the foregoing upon:
    Mr. Christopher Grant
    Mark LaRose
    Assistant Attorney General
    Clarissa Grayson
    Environmental Bureau
    LaRose
    &
    Bosco, Ltd.
    69
    W. Washington St., Suite 1800
    200
    N. LaSalle, Suite 2810
    Chicago,
    TIL
    60602
    Chicago,
    IL 60601
    Mr. Jolm
    T. Therriault, Assistant Clerk
    Bradley Halloran
    Illinois Pollution Control Board
    Hearing
    Officer
    100 W. Randolph, Suite 11-500
    Illinois Pollution Control Board
    Chicago, IL 60601
    100 W. Randolph, Suite 11-500
    (via electronic filing)
    Chicago,IL 60601
    Mr. Scott Belt
    Jennifer A. Tomas
    Scott M. Belt & Associates, P.C.
    Assistant Attorney General
    105 East
    Main Street
    Environmental Bureau
    Suite 206
    69 W. Washington Street, Suite 1800
    Morris, IL 60450
    Chicago,
    IL
    60602
    A copy
    of the same was enclosed in an envelope
    in
    the United States mail at Rockford, lllinois,
    proper postage prepaid, before the hour
    of5:00 p.m., addressed as above.
    Joan Lane
    HINSHAW
    & CULBERTSON
    100 Park Avenue
    P.O. Box 1389
    Rockford,
    IL 61105-1389
    (815) 490-4900
    7041 5200vJ 806289
    Electronic Filing: Received, Clerk's Office, December 6, 2007

    Back to top