Township of Jubilee v. State of Illinois

This case presents issue as to whether trial court properly granted plaintiff’s motion for summary judgment in action to quiet title against defendant-State of Illinois, where defendant had previously filed motion to dismiss case based on State Lawsuit Immunity Act and Court of Claims Act, and where motion to dismiss was ultimately denied by trial court. Appellate Court found that while Immunity Act protected State from being named as defendant in instant action, State waived any immunity by filing counterclaim in instant lawsuit, which in turn vested trial court with jurisdiction to determine parties’ rights with respect to subject property.