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The Climate Litigation Database

Tzakis v. Berger Excavating Contractors, Inc.

About this case

Filing year
2009
Status
Status Pending
Docket number
09 CH 6159, 10 CH 38809, 11 CH 29586, 13 CH 10423
Court/admin entity
United StatesState CourtsIllinois Circuit Court (Ill. Cir. Ct.)
Case category
Adaptation (US)Actions seeking money damages for losses (US)
Principal law
United StatesFifth Amendment—TakingsUnited StatesState Law—NegligenceUnited StatesState Law—NuisanceUnited StatesState Law—Trespass
At issue
Action against defendants, including municipal defendants, whose actions or inaction allegedly contributed to property damage during floods in 2008.
Topics
, ,

Documents

Filing Date
Document
Type
Topics 
Beta
Search results
04/03/2015
An Illinois Circuit Court dismissed claims against the Metropolitan Water Reclamation District, Maine Township, and Park Ridge in a lawsuit brought by people whose property sustained damage in floods in 2008. The plaintiffs’ charges included that these municipal defendants, which had jurisdiction over a stormwater system, caused the flooding, due in part to their failure to prepare for climate change impacts. The court held that the public duty rule exempted the municipal defendants from liability.
Decision
01/13/2012
Amended fifth amended class action complaint filed.
Complaint

Summary

Action against defendants, including municipal defendants, whose actions or inaction allegedly contributed to property damage during floods in 2008.

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Group
Topics
Policy instrument
Risk
Impacted group
Just transition
Economic sector
Adaptation/resilience
Finance