People ex rel. Manning v. Nickerson (Ill. S.Ct.)
Docket No. 84457-Agenda 26-May 1998.
THE PEOPLE OF THE STATE OF ILLINOIS ex rel. BRENT MANNING, Director of Conservation, Appellant,
v. PATRICK NICKERSON, Appellee.
Opinion filed October 22, 1998.
JUSTICE HEIPLE delivered the opinion of the court:
When the State of Illinois sues a defendant in the circuit court, may the defendant assert a counterclaim in the circuit court against the state seeking damages for common law claims otherwise barred by sovereign immunity, or must the defendant file a separate action against the state in the Court of Claims? That is the critical issue for decision, an issue on which the appellate court has issued conflicting opinions. Compare the opinion below in this case (292 Ill. App. 3d 346 (defendant may raise issues in the circuit court by way of counterclaim otherwise barred by sovereign immunity)) with People ex rel. Department of Transportation v. Cook Development Co., 274 Ill. App. 3d 175 (1995) (circuit court lacks jurisdiction to adjudicate a counterclaim raising claims barred by sovereign immunity), and People v. Patrick J. Gorman Consultants, Inc., 111 Ill. App. 3d 729 (1982) (same).
The Director of the Illinois Department of Conservation (the Director) filed a complaint against the defendant, Patrick Nickerson, in the circuit court of McDonough County. The Director alleged that the defendant, who owns property adjacent to Argyle State Park, constructed a building and cut down trees on park property. The state sought a permanent injunction to compel the defendant to remove the building and money damages for the defendant's use of the land. The defendant filed a counterclaim against the Director and sought a judicial determination of the boundary line between his property and the state park, ejectment of the state from his land, and money damages for the common law torts of trespass, emotional distress, and slander of title.
On the state's motion, the circuit court dismissed the defendant's counterclaim and held that it lacked jurisdiction to adjudicate the defendant's counterclaim because the Court of Claims is vested with the exclusive jurisdiction over claims made against the state. The appellate court reversed and held that because the defendant's counterclaim required the resolution of the same issues and was based on the same facts as the state's complaint, the counterclaim was properly brought in the circuit court. We allowed leave to appeal.
The Illinois Constitution of 1970 abolished the doctrine of sovereign immunity "[e]xcept as the General Assembly may provide by law." Ill. Const. 1970, art. XIII,