McElroy v. Forest Preserve District of Lake County

              No. 2--08--0134 Filed: 8-19-08
______________________________________________________________________________
IN THE
APPELLATE COURT OF ILLINOIS
SECOND DISTRICT
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RONALD McELROY, SR., and SUSAN ) Appeal from the Circuit Court
McELROY, ) of Lake County.
)
Plaintiffs-Appellees, ))
v. ) No. 04--L--892
)
THE FOREST PRESERVE DISTRICT )
OF LAKE COUNTY, ) Honorable
) Christopher C. Starck,
Defendant-Appellant. ) Judge, Presiding.
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JUSTICE BOWMAN delivered the opinion of the court:
In this appeal, we are asked to answer the following certified questions:
(1) "Whether the immunity of section 3--107(b) of the Tort Immunity Act (745 ILCS
10/3--07(b)) applies to so-called 'manmade objects,' such as a wooden bridge or boardwalk
which is part of a recreational hiking and riding trail"; and
(2) "Whether the common law 'frequent trespass doctrine' creates an exception to or
limitation upon the non-intended user immunity of section 3--102(a) of the Tort Immunity
Act (745 ILCS 10/3--102(a)), which limits a local public entity's duty to maintain its property
to those persons whom the entity both intended and permitted to use the property."
We answer the first question in the affirmative as it applies to this case, and we do not reach the
second question.