Moore v. Chicago Park District

Summary

The Illinois Supreme Court held that snow and ice, including an allegedly unnatural accumulation caused by snow removal, constitute a condition of public property under section 3-106 of the Tort Immunity Act. Accordingly, recreational-use immunity applied to the Chicago Park District, and the court reversed the appellate court's judgment and remanded the case.

Holdings

1. Section 3-106 does not incorporate the natural-accumulation rule in section 3-105. Therefore, whether the snow and ice accumulated naturally or unnaturally is irrelevant to the application of section 3-106 immunity.
2. Snow and ice, including movable accumulated snow and ice, constitute a condition of public property under section 3-106, regardless of whether the accumulation is natural or unnatural.
3. Section 3-106 immunizes the Chicago Park District from the ordinary-negligence claim because the alleged injury was caused by the condition of recreational public property—the accumulated snow and ice—not by an activity conducted on otherwise safe property.

Questions Presented

1. Whether an unnatural accumulation of snow and ice constitutes the existence of a condition of public property under section 3-106 of the Illinois Local Governmental and Governmental Employees Tort Immunity Act.
2. Whether section 3-106 immunity incorporates the natural-accumulation rule in section 3-105.
3. Whether snow and ice accumulated on recreational public property constitute a condition of the property rather than an activity conducted on the property.

Disposition

reversed_and_remanded