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165 Ill. App. 3d 846

Walker v. Cronin

Appellate Court of Illinois

Decided December 31, 1987

Appellate Court of Illinois · decided 1987-12-31

Cited by 2 later decisions — most recently October 1989

2 state decisions

Relies on 82 Ill. 2d 571 - City of Springfield v. Allphin · 107 Ill. 2d 151 - Innis v. Elmhurst Dodge, Inc.

Good law ✅— No negative treatment on recordhow we know

Decided 1987-12-31

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JUSTICE JIGANTI,

¶1dissenting:

¶2In City of Springfield v. Allphin (1980), 82 Ill. 2d 571, 413 N.E.2d 394, the Illinois Supreme Court set forth the criteria necessary to impose liability upon the State for interest. The court said a statute must contain “affirmative statutory language” imposing liability. Further, statutes that in general terms impose interest “but do not specifically refer to the State are not sufficient authority to hold the State liable.” City of Springfield v. Allphin (1980), 82 Ill. 2d 571, 578, 413 N.E.2d 394, 397.

¶3The statute (proposed) to impose interest does not specifically refer to the State. The only arguable allusion to the State is the reference to “other governmental entity.” That term follows a listing of a “school district” and “a community college district.” The State is not akin to school districts or units of local government. Innis v. Elmhurst Dodge, Inc. (1985), 107 Ill. 2d 151, 481 N.E.2d 709.

¶4Because the statute does not specifically refer to the State and does not have affirmative statutory language imposing liability, I would reverse the judgment.

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