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McELROY v. FOREST PRESERVE DIST. LAKE CTY

No. 2-08-0134.

894 N.E.2d 170 (2008)

Ronald McELROY, Sr., and Susan McElroy, Plaintiffs-Appellees, v. The FOREST PRESERVE DISTRICT OF LAKE COUNTY, Defendant-Appellant.

Appellate Court of Illinois, Second District.

August 19, 2008.

Attorney(s) appearing for the Case

Jay S. Judge, Michael E. Kujawa, Thomas N. Osran, Judge, James & Kujawa, LLC, Attorneys At Law, Park Ridge, and Edward F. Dutton, Wheaton, IL, for Appellant.

Scott B. Gibson, Gibson & Kopsick, Ltd., Attorneys At Law, Waukegan, IL, for Appellee.

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 10/3-107(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...

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