County of Cook v. City of Chicago

593 N.E.2d 928, 229 Ill. App. 3d 173, 171 Ill. Dec. 108, 1992 Ill. App. LEXIS 749
CourtAppellate Court of Illinois
DecidedMay 14, 1992
Docket1-90-2526
StatusPublished
Cited by5 cases

This text of 593 N.E.2d 928 (County of Cook v. City of Chicago) is published on Counsel Stack Legal Research, covering Appellate Court of Illinois primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
County of Cook v. City of Chicago, 593 N.E.2d 928, 229 Ill. App. 3d 173, 171 Ill. Dec. 108, 1992 Ill. App. LEXIS 749 (Ill. Ct. App. 1992).

Opinion

JUSTICE JOHNSON

delivered the opinion of the court:

Plaintiff, the County of Cook (County), filed a complaint against defendant, the City of Chicago (City), on August 30, 1985. The complaint sought almost $6 million in monetary damages resulting from the treatment of tuberculosis patients at Cook County Hospital.

Plaintiff filed an amended complaint consisting of two counts. Count I was based upon a contract implied in law. The County alleged that the City was required to provide care for tuberculosis patients residing in the City. It argued that the basis of this requirement was the City’s statutory duty under its Municipal Code. Essentially, the Code provides that the rules and regulations of the State of Illinois Department of Health must be enforced by the Chicago Board of Health.

Specifically, the allegations are that the rules require the State to treat or isolate persons with tuberculosis until they begin to respond positively to therapy. A second allegation is that the City closed a municipal sanitarium in 1975 without providing an alternative treatment plan for these patients. Cook County Hospital began providing a tuberculosis treatment plan for City residents in 1982. As some of these patients were unable to pay for their medical care, the County claims a right to be reimbursed by the City for medical care provided from June 1982 through December 1985.

Count II alleged a breach of contract implied in fact. This contract is derived from the meetings and discussions between City and County officials from 1982 through 1984. This conduct is documented in letters that were exhibits attached to the amended complaint. The letters detail the contact between officials at Cook County Hospital and officials at the Chicago Board of Health.

Motions to dismiss plaintiff’s first amended complaint were filed pursuant to sections 2 — 615 and 2 — 619 (Ill. Rev. Stat. 1989, ch. 110, pars. 2 — 615, 2 — 619). Defendant’s section 2 — 615 motion was granted on the grounds that the complaint was insufficient as a matter of law. The section 2 — 619 motion was continued for hearing on July 30, 1990. It was denied. Nevertheless, the trial court judge determined, sua sponte, that the amended complaint could never state a cause of action. Therefore, the complaint was dismissed.

We affirm.

On appeal, plaintiff contends that the trial court erred in dismissing the amended complaint for failure to state a cause of action for (1) a contract implied in law; and (2) a contract implied in fact. We disagree.

On review, we ask whether, when viewed in the light most favorable to the plaintiff, the facts alleged in the complaint adequately state a cause of action. (Zadrozny v. City Colleges (1991), 220 Ill. App. 3d 290, 294.) In order for there to be a sufficient complaint, the following must occur:

“[A] complaint must plead substantial allegations of fact which bring the claim within the legally recognized cause of action. (Ill. Rev. Stat. 1987, ch. 110, par. 2 — 601.) For purposes of a motion to dismiss, all well-pled facts are to be taken as true. Conclusions of law and facts which are not supported by allegations of specific facts are not considered to be well-pled facts and are not admitted by a motion to dismiss.” United States Fidelity & Guaranty Co. v. Continental Casualty Co. (1990), 198 Ill. App. 3d 950, 956.

The County contends that it should receive monetary compensation from the City. Allegedly, the City did not fulfill its statutory obligations of providing care for tuberculosis patients. The County argues that this special duty on the part of the City comes from several sources: The statute (Ill. Rev. Stat. 1989, ch. HV-k, par. 22); the Municipal Code (Chicago Municipal Code §2 — 112—160 (1990)), and the Administrative Code (77 Ill. Adm. Code §690.720 (1988)).

The first issue on appeal is whether plaintiff’s amended complaint failed to state a cause of action for a contract implied in law. A contract implied in law has been described as follows:

“A contract implied in law exists from an implication of law that arises from facts and circumstances independent of an agreement or consent of the parties. It is equitable in nature and based on the premise that no one should unjustly enrich himself at another’s expense. *** ‘[I]n a contract implied in law the duty defines the contract.’ ” Gary-Wheaton Bank v. Burt (1982), 104 Ill. App. 3d 767, 775, quoting Arthur Rubloff & Co. v. Drovers National Bank (1980), 80 Ill. App. 3d 867, 875, 400 N.E.2d 614.

According to the County, the City’s duty arises from the statute, ordinance, and Administrative Code. Further, its argument of unjust enrichment is that the City was unjustly enriched by closing its tuberculosis sanitarium in 1975 and failing to provide any alternative care for those types of patients.

The County’s allegation that the City has a duty is to say that the City is financially responsible for the in-patient care and treatment provided to its residents with tuberculosis during the period between June 1982 and December 1985. The County emphasizes a small excerpt from section 2 (Ill. Rev. Stat. 1989, ch. llD/a, par. 22) as requiring the City to finance the medical services needed by these patients. It is as follows:

“All local boards of health, health authorities and officers, police officers, sheriffs and all other officers and employees of the state or any locality shall enforce the rules and regulations so adopted.” Ill. Rev. Stat. 1989, ch. 111½, par. 22.

There is no question that the City must follow statutory laws pertaining to public health. However, there is statutory language making it clear that this provision is only applicable to protect the public by the containment of highly contagious diseases, especially those reaching epidemic levels. The relevant portion of section 2 of the statute is as follows:

“The Department of Public Health shall investigate the causes of dangerously contagious or infectious diseases, especially when existing in epidemic form, and take means to restrict and suppress the same, and whenever such disease becomes, or threatens to become epidemic, in any locality and the local board of health or local authorities neglect or refuse to enforce efficient measures for its restriction or suppression or to act with sufficient promptness or efficiency, or whenever the local board of health or local authorities neglect or refuse to promptly enforce efficient measures for the restriction or suppression of dangerously contagious or infectious diseases, the Department of Public Health may enforce such measures as it deems necessary to protect the public health, and all necessary expenses so incurred shall be paid by the locality for which services are rendered.” (Ill. Rev. Stat. 1989, ch. 111½, par. 22.)

Unambiguous statutory language should be interpreted as written. (Lane v. Titchenel (1990), 204 Ill. App. 3d 1049, 1053.) Here, the County’s interpretation of the statute is too broad.

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Cite This Page — Counsel Stack

Bluebook (online)
593 N.E.2d 928, 229 Ill. App. 3d 173, 171 Ill. Dec. 108, 1992 Ill. App. LEXIS 749, Counsel Stack Legal Research, https://law.counselstack.com/opinion/county-of-cook-v-city-of-chicago-illappct-1992.