In Ambrosia Land Investments, LLC, v. Peabody Coal Company
(7th Circ., Doc. No. 07-1945) the Seventh Circuit tackled the
fascinating question of whether or not the Illinois Construction Statute of
Repose applied to a coal mine. While we
may not think this would be interesting to everyone, the construction statute of
repose is actually a fun topic, and the 7th Circuit did a great job
of covering the topic.
Along with a poignant discussion of the relevant Illinois
case law regarding the statute, the court held that a coal mine on a piece of
property would constitute an "improvement to real property for statute of
repose purposes." The court went on to
find that the former mine owner was being sued as an owner of the mine and not
as a party engaging in construction-related activities, so the plaintiff's case
for damages to its property from mine subsidence did not fall under the
activities covered by the statute.
