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Paszkowski v. Metropolitan Water Reclamation District of Greater Chicago11/18/2004
so broad that it wholly nullifies contrary statutory language. The first sentence of Code section 13-214 defines "person" as "any individual, any business or legal entity, or any body politic." (Emphasis added.) 735 ILCS 5/13-214 (West 1998). The next sentence provides:
"(a) Actions based upon tort, contract or otherwise against any person for an act or omission of such person in the design, planning, supervision, observation or management of construction, or construction of an improvement to real property shall be commenced within 4 years from the time the person bringing the action, or his or her privity, know or reasonably should have known of such act or omission." (Emphases added.) 735 ILCS 5/13-214(a) (West 1998).
The majority's interpretation violates the court's duty to give effect to both statutes by nullifying the "body politic" language for actions sounding in tort. The "body politic" language is superfluous because there remain no factual situations where it may be given effect. Furthermore, this interpretation violates this court's decision in Jahn, which observed that where two statutes are in direct conflict, "the more recent enactment generally will prevail as the later expression of legislative intent" (Jahn, 163 Ill. 2d at 282) because section 13-214 of the Code was enacted after section 8-101 of the Act. See also Ferguson, 202 Ill. 2d at 317-18 (McMorrow, J., dissenting, joined by Harrison, C.J., and Kilbride, J.). Apparently, the majority today abandons judicial restraint by declaring that the legislature did not mean what the plain language of the statute imports.
The majority opinion also inflicts significant harm to other statutory provisions beyond the present matter. The majority conceivably abrogates every specific statute of limitations "applying broadly to any possible claim" against a local governmental entity or its employee despite contrary statutory provisions. I see little reason why the majority's sweeping conclusion that "the comprehensive protection afforded by section 8-101 necessarily controls over other statutes of limitations or repose" would not overrun the remaining provisions of section 13-204(a) applying to actions for "contract or otherwise" against a local governmental entity. 735 ILCS 5/13-214(a) (West 2002). Furthermore, this categorical holding could even extend the time for filing "any possible claim" against a local government or employee where express language is to be nullified. For example, the time for filing a claim for administrative review would be extended from 35 days (735 ILCS 5/3-103 (West 2002)) to one year; the time for filing an open meetings claim would be extended from 60 days (5 ILCS 120/3 (West 2002)) to one year. I do not mention these examples to forecast future holdings of this court based on today's decision, but rather to demonstrate the absurdity of reading Ferguson in light of only two sentences derived from Justice Heiple's special concurrence in Tosado.
Thus, the majority's holding is a sharp departure from Ferguson and traditional modes of statutory construction. Here, I would follow established authority to restrict the meaning of "any action" in section 8-101 of the Act in this factual situation and give effect to the "body politic" phrase of section 13-214 of the Code. Because it is reasonably possible to give effect to both section 8-101 and section 13-214, I would affirm the judgment of the appellate court.
JUSTICES KILBRIDE and RARICK join in this dissent.
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