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ILLINOIS OFFICIAL REPORTS
Appellate Court

Board of Trustees of the Rend Lake Conservancy District v. City of Sesser, 2011 IL App (5th) 110110

Appellate Court Caption

THE BOARD OF TRUSTEES OF THE REND LAKE CONSERVANCY DISTRICT, an Illinois River Conservancy District, Plaintiff and Counterdefendant-Appellee, v. THE CITY OF SESSER, an Illinois Municipal Corporation, Defendant and CounterplaintiffAppellant.

District & No.

Fifth District Docket No. 5-11-0110 November 3, 2011 Pursuant to a question certified under Supreme Court Rule 308(a), the appellate court held that the damages sought by defendant in its counterclaim was not limited to $50,000 because plaintiff filed its initial complaint as an "LM" case in an action arising from a dispute over the amount of water used by defendant city and the amount due plaintiff conservancy district for the water, since limiting the damages sought by defendant in such a manner would result in gamesmanship that would violate the principle of judicial economy, and therefore, the trial court's order limiting the damages recoverable by defendant on its counterclaim to $50,000 was reversed and the cause was remanded with directions to redocket the case as an "L" case and proceed accordingly. Appeal from the Circuit Court of Franklin County, No.10-LM-06; the Hon. Barry L. Vaughan, Judge, presiding.

Filed Held
(Note: This syllabus constitutes no part of the opinion of the court but has been prepared by the Reporter of Decisions for the convenience of the reader.)

Decision Under Review

Judgment Counsel on Appeal

Reversed and remanded with directions. Robert C. Wilson and Kreig B. Taylor, both of Law Office of Robert C. Wilson, of Harrisburg, for appellant. J. Lawrence Sanders, of Benton, for appellee.

Panel

JUSTICE WELCH delivered the judgment of the court, with opinion. Justices Goldenhersh and Stewart concurred in the judgment and opinion.

OPINION

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Illinois Law