Mokena Community Park District v. Romanek

Summary

The Illinois Appellate Court, Third District, reviewed a dismissal of James D. Romanek’s counterclaim alleging breach of his employment contract with the Mokena Community Park District. The court held that the Park District Code authorized contracts for employment of a park director for up to three years, superseding the rule that a governmental body may not bind future boards through employment contracts. The court reversed the dismissal and remanded for consideration of the Park District’s remaining grounds for dismissal.

Holdings

1. The Millikin rule does not apply to the employment contract because section 8-1(i) of the Park District Code expressly authorizes park districts to make contracts exceeding one year but not exceeding three years for the employment of a park director. That enactment superseded the Millikin rule and authorized a park district board to potentially bind future boards to a park-director employment contract.
2. The circuit court erred in granting the Park District's section 2-615 motion to dismiss because its conclusion that the employment contract was ultra vires was legally erroneous.

Questions Presented

1. Whether the circuit court properly dismissed Romanek's breach-of-contract counterclaim under section 2-615 on the ground that the employment contract was ultra vires because it purported to bind future park district boards.
2. Whether section 8-1(i) of the Park District Code superseded the Millikin rule limiting the authority of governmental bodies to bind future boards.

Disposition

reversed_and_remanded