Sass v. Kramer
72 Ill. 2d 485 · Illinois Supreme Court · 1978-10-06
Holding
Whether an action is against the State depends on the issues and relief sought, not the named parties; where the State is the party vitally interested, the claim belongs in the Court of Claims, which has no equitable jurisdiction.
Context
Quiet-title action over an abandoned highway easement. The majority treated the State as the real party in interest and dismissed from circuit court; the dissent objected that the Court of Claims affords no equitable remedy. Source of the 'party vitally interested' test, cited in virtually every later forum fight.
party vitally interestedexclusive jurisdictionequitable jurisdiction
Full opinion text (public domain): https://openjurist.org/72/ill2d/485/sass-v-kramer