Is City Liable for An Injured In a Courthouse Lawn ?

In John v. City of Macomb, 232 Ill. App. 3d 877, 596 N.E.2d 1254, 173 Ill. Dec. 375 (1992), the court held that the defendants were not entitled to section 3--106 immunity where the plaintiff was injured leaving a courthouse lawn where a festival was being held. Plaintiff mischaracterizes the court's holding. The court reversed the trial court's grant of summary judgment in favor of the defendant because a genuine issue of material fact existed as to the intended use of the property (John, 232 Ill. App. 3d at 880-81); it did not draw any conclusions about the applicability of section 3--106. The court held that permission to hold one festival did not necessarily indicate a recreational intent where the courthouse lawn generally was not used for recreational purposes. John, 232 Ill. App. 3d at 880. The court then added that, even assuming that the lawn itself was intended for recreational purposes, the evidence was not clear that the adjoining street where the plaintiff fell was within the perimeter of the recreational area. John, 232 Ill. App. 3d at 880.