EDWARDSVILLE - A lawsuit accusing a city of violating the constitutional rights of residents over the failure to properly inform them when serving liens should be thrown out as it is argued the municipality is immune and the action is time barred.
The City of Wood River argues that it is protected under the Illinois Tort Immunity Act that bars suits against municipalities unless under particular circumstances.
It further argues that any suit that claims the slander of title allegation is time barred by a one-year statute of limitations.
The plaintiff is seeking to recover damages for alleged activities that began more than five years before the complaint was filed, according to a response by Wood River to the suit filed by Maag Holdings.
Madison County Circuit Court Judge David Dugan was set to preside over a case management conference on Dec. 11 on the action.
The initial suit claimed that city officials did not properly serve property owners when recording liens against their land.
Maag Holdings LLC filed a complaint Aug. 14 against Wood River, alleging that the municipality failed to comply with Illinois statutes governing liens.
City officials placed a lien on the plaintiff's property for removal costs of neglected weeds and grass, the complaint stated. The plaintiff claims the city did not serve the lien by certified mail or personally, which violates Illinois statutes.
Maag Holdings filed for class action certification to include all Wood River residents with liens on their property that were not properly served.
The plaintiff is represented by Shari L. Murphy of the Law Offices of Shari L. Murphy in Wood River.
Wood River is represented by John L. Gilbert of Sandberg Phoenix & von Gontard in Edwardsville.
Madison County Circuit Court case number 18-L-1039