Madison County Circuit Judge William Mudge granted dismissal for the City of Alton in a woman’s lawsuit alleging it wrongfully issued an occupancy permit for a home that had been condemned.
Aloysia Elliott and B.S., a minor by and through her mother, filed their complaint on April 11 against Theresa Henry and the City of Alton.
According to her complaint, Elliott alleges Alton condemned the residence located at 2601 Powhattan on Nov. 2, 2001. The notice of condemnation was mailed to the residence and to the owners of the property, Richard and Theresa Henry. Richard Henry later died, leaving Theresa Henry the sole owner of the condemned residence, the suit states.
Elliott claims the notice cited reasons for the condemnation, including damage to foundation walls, damage to exterior walls, roof leaks and damaged plumbing, which allegedly caused sewer back-up.
Elliott alleges that despite the damages, Alton continued allowing the home to be rented out.
Then on Jan. 24, 2017, the plaintiff claims the home was inspected by Alton in conjunction with a request for an occupancy permit. The residence did not pass inspection. However, it subsequently passed inspection on March 7, 2017, by the city and an occupancy permit was issued.
On April 14, 2017, Elliott moved into the residence with her daughter.
Four days later, the city issued an ordinance violation for the residence stating that there were holes in the ground near the foundation at the exterior, a damaged concrete well cap, the kitchen ceiling was in disrepair and there was unfinished wood flooring at the front and back entryways.
Elliott claims each of the citations were issued less than a month after the residence passed inspection.
The plaintiff lived at the home with her daughter from April 14, 2017, until Jan. 23, when they moved out due to recurring health issues, the suit states.
While living at the home, Elliott alleges she developed 10 sinus infections severe enough to require medical treatment, and her daughter had to be taken to the emergency room twice for severe asthma attacks.
Elliott alleges the residence had a dirt floor basement, which became a “mud pit” when it rained, causing excessive moisture, the suit states.
The plaintiff also claims she discovered black mold growing in the home.
She alleges Alton willfully and wantonly passed a residence for occupancy that had been condemned and then issuing citations for “multiple glaring violations of city ordinances only four days later.” She also alleges Henry knew the residence was condemned, failed to make necessary repairs the home required for it to be fit for human habitation, and continued to lease the residence out.
The City of Alton filed a motion to dismiss on May 29 through attorney Charles A. Pierce of Pierce Law Firm PC in Belleville.
The defendant argues that Elliott’s claims are barred by tort immunity.
“When a specific provision of the Local Governmental Tort Immunity Act fails to include an exception for willful and wanton misconduct, then that provision provides absolute immunity against any theory of liability.
“Under no set of facts could this defendant be liable as the legislature has provided absolute immunity for claims such as this,” the motion states.
Mudge granted the motion on Aug. 23, dismissing claims against the City of Alton with prejudice.
He scheduled a case management conference for Sept. 26 at 9 a.m.
Madison County Circuit Court case number 18-L-477