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"<p>The Illinois Supreme Court has agreed to take up the question of whether U.S. Supreme Court precedent or that of the state\u2019s highest court should hold serve when deciding whether a decision by a local water control agency to release flood waters and damage private homes in the process constitutes an illegal taking of property.<br>\n<br>\nOn Nov. 25, the Illinois Supreme Court granted leave to the Metropolitan Water Reclamation District of Greater Chicago to appeal the Illinois First District Appellate Court\u2019s opinion that a group of homeowners in Chicago\u2019s northwest suburbs should be allowed to continue with their legal action against the water reclamation district for not compensating them for damage caused to their homes by floodwaters, which they alleged were exacerbated by the water district\u2019s actions during a heavy rainfall in July 2010.<br>\n<br>\nThe homeowners had argued a decision by the water district to release floodwaters into the Addison and Salt creeks \u2013 while carried out in a purported effort to forestall flooding in other parts of the Chicago area \u2013 caused private property to be \u201Ctaken and damaged \u2026 for public use without just compensation, violating the Illinois Constitution.\u201D Specifically, the homeowners said the water district\u2019s floodwater release caused the creeks to rise, to back up sewers and then to damage and destroy homes, basements and other personal property.<br>\n<br>\nIn court, the Metropolitan Water Reclamation District had relied upon the Illinois Supreme Court\u2019s findings in the 1948 case Pratt vs Rosenfield to argue the homeowners had no legal basis to contend the district\u2019s actions could be construed as an illegal taking.<br>\n<br>\nThat reasoning, however, was rejected by Cook County Judge Neil H. Cohen, who pointed to a 2012 U.S. Supreme Court ruling in Arkansas Game & Fish Commission vs U.S., which he said overrides the Pratt decision.<br>\n<br>\nOn Aug. 14, the First District Appellate Court backed Cohen\u2019s findings, declaring cases of alleged illegal taking brought on by property damage caused by flooding in which a public body\u2019s actions played a role cannot rely upon \u201Cblanket temporary-flooding exception,\u201D but must rather be assessed individually based on several factors, including the foreseeable results of the government action.<br>\n<br>\nThe case is Hampton et. al., etc. vs Metropolitan Water Reclamation District of Greater Chicago, No. 119861 (First District.)<br>\n<br>\nThe state high court also agreed to hear arguments to settle the question of whether a Moline aviation service can claim a special tax break designed by lawmakers to prevent the company from taking flight across the Mississippi River to Iowa.<br>\n<br>\nThe Illinois Third District Appellate Court in Ottawa had ruled in July that the tax break for Elliott Aviation was prohibited by state law. The Moline School District 40 had challenged the 2013 state law, signed by former Gov. Pat Quinn, declaring \u201Cfixed base operators\u201D like Elliott, operating on land owned by the Metropolitan Airport Authority of Rock Island would be exempted from paying property taxes. The school district said it stood to lose $150,000 per year in tax revenue because of the law.<br>\n<br>\nElliott Aviation had appealed to the state Supreme Court.<br>\n<br>\nThe case is Moline School District No. 40 Board of Education vs. Hon. Pat Quinn, etc., et al., No. 119704 (Third District.)<br>\n<br>\nThe Illinois Supreme Court also granted leave to appeal in four more cases, including:<br>\n<br>\nPeople State of Illinois vs. Cara M. Ringland et al., No. 119484 (Third District)<br>\nRonald Bayer vs. Panduit Corporation et al., No. 119553 (First District)<br>\nPeople State of Illinois v. Eugene Wright, No. 119561 (First District)<br>\nPeople State of Illinois v. Josue Valdez, No. 119860 (Third District.)<br>\n<br>\nIn its Nov. 25 order, the court denied leave to appeal to 198 other cases, including 76 civil appeals.</p>"^^<http://www.w3.org/2001/XMLSchema#string>
<http://cookcountyrecord.com/stories/510650593-suburban-flooding-suit-vs-metro-water-reclamation-among-six-cases-taken-up-by-il-supreme-court>