McElroy v. Forest Preserve District of Lake County

State: Illinois

Court: 2nd District Appellate

Docket No: 2-08-0134 Rel

Case Date: 08/19/2008

Preview:No. 2--08--0134 Filed: 8-19-08 ______________________________________________________________________________ IN THE APPELLATE COURT OF ILLINOIS SECOND DISTRICT ______________________________________________________________________________ RONALD McELROY, SR., and SUSAN McELROY, ) Appeal from the Circuit Court ) of Lake County. ) Plaintiffs-Appellees, ) ) v. ) No. 04--L--892 ) THE FOREST PRESERVE DISTRICT ) OF LAKE COUNTY, ) Honorable ) Christopher C. Starck, Defendant-Appellant. ) Judge, Presiding. ____________________________________________________________________________ JUSTICE BOWMAN delivered the opinion of the court: In this appeal, we are asked to answer the following certified questions: (1) "Whether the immunity of section 3--107(b) of the Tort Immunity Act (745 ILCS 10/3--07(b)) applies to so-called 'manmade objects,' such as a wooden bridge or boardwalk which is part of a recreational hiking and riding trail"; and (2) "Whether the common law 'frequent trespass doctrine' creates an exception to or limitation upon the non-intended user immunity of section 3--102(a) of the Tort Immunity Act (745 ILCS 10/3--102(a)), which limits a local public entity's duty to maintain its property to those persons whom the entity both intended and permitted to use the property." We answer the first question in the affirmative as it applies to this case, and we do not reach the second question.

No. 2--08--0134 I. BACKGROUND Plaintiffs, Ronald McElroy, Sr., and Susan McElroy, alleged the following in their complaint. On the afternoon of September 6, 2004, they rode their bicycles in the Rollins Savanna Forest Preserve, which was owned, operated, and maintained by defendant, the Forest Preserve District of Lake County. The complaint quoted from defendant's Web site a description of the preserve, which contained 1,225 acres and a " '5

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