Stepfon Smith obtained a dismissal on behalf of a townhome association in a suit brought by a state agency involving the Illinois Swimming Facility Act. The state agency sued the association for more than $44,000 in fines associated with the alleged violation of provisions of the Illinois Swimming Facility Act, claiming the association’s swimming pool contained construction and water flow defects that could cause grave danger to users. Stepfon successfully argued that the agency cited improper areas of the Swimming Facility Act, areas that carried heavy fines. Stepfon filed affirmative defenses on behalf of the association alleging that the facility was closed for several years and the violations asserted, carried only punishment in the form of warnings, not fines.
The agency dismissed its case against the association immediately following a pre-trial conference with the administrative law judge.