{ "id": 2500967, "name": "WILLIAM M. WADDEN, Plaintiff-Appellant, v. THE VILLAGE OF WOODRIDGE, Defendant-Appellee", "name_abbreviation": "Wadden v. Village of Woodridge", "decision_date": "1990-01-16", "docket_number": "No. 2\u201489\u20140157", "first_page": "231", "last_page": "242", "citations": [ { "type": "official", "cite": "193 Ill. App. 3d 231" } ], "court": { "name_abbreviation": "Ill. App. Ct.", "id": 8837, "name": "Illinois Appellate Court" }, "jurisdiction": { "id": 29, "name_long": "Illinois", "name": "Ill." }, "cites_to": [ { "cite": "176 Ill. App. 3d 64", "category": "reporters:state", "reporter": "Ill. App. 3d", "case_ids": [ 3587476 ], "pin_cites": [ { "page": "72" } ], "opinion_index": 0, "case_paths": [ "/ill-app-3d/176/0064-01" ] }, { "cite": "51 Ill. App. 3d 350", "category": "reporters:state", "reporter": "Ill. App. 3d", "case_ids": [ 3382885 ], "pin_cites": [ { "page": "363" } ], "opinion_index": 0, "case_paths": [ "/ill-app-3d/51/0350-01" ] }, { "cite": "71 Ill. App. 3d 1004", "category": "reporters:state", "reporter": "Ill. App. 3d", "case_ids": [ 5582747 ], "opinion_index": 0, "case_paths": [ "/ill-app-3d/71/1004-01" ] }, { "cite": "184 Ill. App. 3d 653", "category": "reporters:state", "reporter": "Ill. App. 3d", "case_ids": [ 2637925 ], "opinion_index": 0, "case_paths": [ "/ill-app-3d/184/0653-01" ] }, { "cite": "81 Ill. App. 3d 877", "category": "reporters:state", "reporter": "Ill. App. 3d", "case_ids": [ 3228506 ], "opinion_index": 0, "case_paths": [ "/ill-app-3d/81/0877-01" ] }, { "cite": "23 Ill. 2d 402", "category": "reporters:state", "reporter": "Ill. 2d", "case_ids": [ 2797181 ], "opinion_index": 0, "case_paths": [ "/ill-2d/23/0402-01" ] }, { "cite": "166 Ill. App. 3d 927", "category": "reporters:state", "reporter": "Ill. 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App. 3d", "case_ids": [ 3210810 ], "weight": 4, "pin_cites": [ { "page": "1136" }, { "page": "1136" }, { "page": "1137" } ], "opinion_index": 0, "case_paths": [ "/ill-app-3d/84/1132-01" ] }, { "cite": "322 Ill. App. 338", "category": "reporters:state", "reporter": "Ill. App.", "case_ids": [ 4972003 ], "opinion_index": 0, "case_paths": [ "/ill-app/322/0338-01" ] }, { "cite": "9 Ill. 2d 372", "category": "reporters:state", "reporter": "Ill. 2d", "case_ids": [ 5320175 ], "year": 1944, "opinion_index": 0, "case_paths": [ "/ill-2d/9/0372-01" ] }, { "cite": "124 Ill. 2d 287", "category": "reporters:state", "reporter": "Ill. 2d", "case_ids": [ 3217961 ], "pin_cites": [ { "page": "294" } ], "opinion_index": 0, "case_paths": [ "/ill-2d/124/0287-01" ] }, { "cite": "160 Ill. App. 3d 408", "category": "reporters:state", "reporter": "Ill. App. 3d", "case_ids": [ 3649510 ], "year": 1988, "pin_cites": [ { "page": "416" } ], "opinion_index": 0, "case_paths": [ "/ill-app-3d/160/0408-01" ] }, { "cite": "128 Ill. App. 3d 107", "category": "reporters:state", "reporter": "Ill. App. 3d", "case_ids": [ 3525764 ], "pin_cites": [ { "page": "113" } ], "opinion_index": 0, "case_paths": [ "/ill-app-3d/128/0107-01" ] }, { "cite": "119 Ill. App. 3d 119", "category": "reporters:state", "reporter": "Ill. App. 3d", "case_ids": [ 3630472 ], "pin_cites": [ { "page": "125" } ], "opinion_index": 0, "case_paths": [ "/ill-app-3d/119/0119-01" ] }, { "cite": "79 Ill. App. 3d 27", "category": "reporters:state", "reporter": "Ill. App. 3d", "case_ids": [ 5610560 ], "weight": 2, "opinion_index": 0, "case_paths": [ "/ill-app-3d/79/0027-01" ] }, { "cite": "115 Ill. 2d 482", "category": "reporters:state", "reporter": "Ill. 2d", "case_ids": [ 3179637 ], "opinion_index": 0, "case_paths": [ "/ill-2d/115/0482-01" ] } ], "analysis": { "cardinality": 1065, "char_count": 26162, "ocr_confidence": 0.741, "pagerank": { "raw": 9.447986352232665e-08, "percentile": 0.5171390301133386 }, "sha256": "59098fa722f02f9887ac064b9225ef1b61edcb8ab3153b403067d195810b3060", "simhash": "1:b7dfd382cb507480", "word_count": 4148 }, "last_updated": "2023-07-14T21:36:46.192510+00:00", "provenance": { "date_added": "2019-08-29", "source": "Harvard", "batch": "2018" }, "casebody": { "judges": [], "parties": [ "WILLIAM M. WADDEN, Plaintiff-Appellant, v. THE VILLAGE OF WOODRIDGE, Defendant-Appellee." ], "opinions": [ { "text": "JUSTICE WOODWARD\ndelivered the Opinion of the court:\nPlaintiff, William Wadden (Wadden), filed a three-count complaint against the defendant, Village of Woodridge (Woodridge). Pursuant to a motion by Woodridge, count II of the complaint was dismissed. Thereupon, Woodridge filed a motion for summary judgment as to counts I and III of the complaint. Wadden filed an answer to the motion for summary judgment, to which defendant then filed a reply. Wadden then filed a motion to strike Woodridge\u2019s reply. The motion to strike was denied, and the trial court granted Woodridge\u2019s motion for summary judgment. Wadden appeals, raising the following issues: whether the trial court erred in granting the motion for summary judgment; and whether the trial court erred for failing to grant Wad-den\u2019s motion to strike Woodridge\u2019s reply to Wadden\u2019s answer to the motion for summary judgment.\nThe pertinent facts as revealed by the pleadings are largely undisputed and are as follows.\nIn February 1985, Wadden was advised by Leonard Berg, the director of golf course services for the Village of Woodridge, that Wood-ridge was hiring him for the position of golf professional. In addition to the annual base salary of $33,000 that the position paid, Berg orally agreed to pay Wadden 5% of the annual net profits of Woodridge\u2019s golf pro shop. Wadden was also given a copy of its employee manual. Later, Wadden received a revised copy of the employee manual which provided, inter alia, that any employee who completes six months of probationary service automatically becomes a permanent employee and, as such, is entitled to a due-process hearing prior to being demoted or terminated for cause. The employee manual also provided that an employee may be laid off when there is a shortage of work or funds or when a position is abolished.\nOn March 3, 1987, Joseph G. Fennell, the acting administrator for the Village of Woodridge, notified Wadden by letter that the position of full-time golf professional was being abolished and that he would be laid off effective May 1,1987.\nSubsequently, Wadden learned that on March 19, 1987, Woodridge had advertised in the local paper seeking to fill the position of support-service supervisor. Through his attorney, Wadden sent his application for the position of support-services supervisor to Woodridge. The letter also stated that Wadden believed that the general responsibilities and required knowledge and skills of his position of golf professional were identical to the position of support-service supervisor. Further, Wadden advised in the letter that if he was not appointed to the support-services supervisor position, he would deem the elimination of his position as an improper discharge without cause, in violation of Woodridge\u2019s employment and grievance procedures.\nAfter receiving Wadden\u2019s letter and application, Woodridge stopped advertising for the position of support-services supervisor and did not fill the position. The position of golf professional (seasonal, part time) was filled by Scott Pless, Woodridge\u2019s former assistant golf professional, a position eliminated at the same time as Wadden\u2019s.\nOn April 30, 1987, Woodridge advertised seeking to fill the position of administrative assistant to the director of golf course services. Wad-den did not submit another application for this position. In July 1987, Woodridge filled this position with someone other than Wadden.\nOn August 21, 1987, Wadden filed a three-count complaint against Woodridge. Count I alleged that because the position of administrative assistant was the same in substance as that of golf professional, Wood-ridge had breached the contractual provisions of its employee manual by discharging Wadden without a due process hearing before the village administrator. Count II alleged that Woodridge had not acted in good faith in dealing with Wadden. Count III alleged that Woodridge had breached the oral agreement to pay Wadden his bonus of 5% of the net profit of the golf pro shop. Count II was later dismissed and is not part of the appeal before this court.\nOn or about April 8, 1988, Wadden served interrogatories on Woodridge, seeking, inter alia, appropriation ordinances covering the years 1985 to current date which had been passed and approved. On or about June 3, 1988, Woodridge served its answer to interrogatories on Wadden. On or about October 26, 1988, Woodridge filed its motion for summary judgment. In response to Wadden\u2019s answer to the motion for summary judgment, Woodridge filed a reply memorandum and affidavit which contained budget summaries and two Woodridge ordinances as exhibits. Wadden filed a motion to strike Woodridge\u2019s reply to the answer to the motion for summary judgment.\nOn December 27, 1988, a hearing was held on Wadden\u2019s motion to strike. Wadden argued that Woodridge committed a substantial breach of discovery rules by failing to supply the ordinances requested by Wadden\u2019s interrogatories. In response, Woodridge admitted that the budget summaries, which were exhibits to the appropriation ordinances, were not furnished to Wadden and should have been furnished. The other ordinances were transfer ordinances which were not requested by Wadden. Counsel for Woodridge denied that failure to supply the documents was willful or intentional. Counsel for Woodridge suggested that in addition to supplying Wadden with the missing documents, he would not object to Wadden being given time to respond, or Woodridge would withdraw that portion of its motion for summary judgment with respect to count III that argued there was no appropriation for a percentage of the profits. Counsel for Wadden responded that Wadden was not seeking sanctions under Supreme Court Rule 201(k) (107 Ill. 2d R. 201(k)) but rather under section 2 \u2014 611 of the Code of Civil Procedure (Ill. Rev. Stat. 1987, ch. 110, par. 2 \u2014 611). The trial court denied the motion to strike and refused to impose sanctions on Woodridge. Wadden elected to proceed with the hearing on the agreed basis that Woodridge would withdraw its nonappropriation argument with respect to count III of the complaint.\nOn January 19, 1989, the trial court granted Woodridge\u2019s summary judgment as to counts I and III, the remaining counts of the complaint. Wadden now brings this appeal.\nWadden contends, first, that the trial court erred in granting summary judgment as to count I of his complaint. Specifically, Wadden argues that since the \u201cnew\u201d position of administrative assistant to the director of golf course services was the same as that of golf professional, there exists a genuine issue of material fact as to whether Woodridge actually abolished Wadden\u2019s position. If, in fact, the position was not abolished, then under the provisions of the employee manual, Wadden is entitled to a hearing before the village administrator before he can be discharged.\nIn order to resolve this issue, we must examine the qualifications necessary for each of these jobs. The qualifications for golf professional (the position held by Wadden), included graduation from high school or equivalent, two years of college preferred, and five years\u2019 experience as a golf professional or assistant golf professional, and currently holding a class A membership or junior membership in the PGA of America. The golf professional was required, inter alia, to have extensive knowledge of the rules of golf, to recognize necessary maintenance of the facilities, to know the types of construction of golf equipment in order to provide information to customers, and to have knowledge of golfing events to promote public interest. The job included: supervising the golf course employees, operating and maintaining the golf pro shop and locker room facilities, conducting golf lessons outside of the 40-hour work week, attendance at monthly management and supervisory staff meetings, and providing assistance for a variety of services for the golfing public.\nThe position of administrative assistant to the director of golf course services requires the following qualifications: 60 hours of college or junior college accredited education and three years\u2019 experience at the supervisory level in the recreational industry. The required skills or knowledge for the position was virtually the same as for the golf professional except that the latter was to be knowledgeable about golfing events. The duties of the administrative assistant included directing the activities of part-time seasonal employees, participation in the running of the golf pro shop, coordination of the maintenance of the locker room facilities, coordinating housekeeping functions for the clubhouse, and making recommendations for capital improvements.\nIt is not disputed in this case that the employee manual created an enforceable contract right whereby Wadden could not be discharged for cause from his position as golf professional without a hearing. (See Duldulao v. St. Mary of Nazareth Hospital Center (1987), 115 Ill. 2d 482.) However, the employee manual does permit the layoff of employees without a hearing when the employee\u2019s position has been abolished. The courts have recognized that a layoff due to the elimination of a position is distinct from a dismissal for cause and, therefore, does not trigger a right to a hearing required for dismissals for cause. See Woolfolk v. Board of Police & Fire Commissioners (1979), 79 Ill. App. 3d 27.\nSummary judgment is proper where the pleadings, depositions, and admissions on file, together with affidavits, if any, show that there is not a genuine issue of material fact and that the moving party is entitled to judgment as a matter of law. (Ill. Rev. Stat. 1987, ch. 110, par. 2 \u2014 1005.) The purpose of summary judgment is to render judgment on questions of law after first determining that no genuine issue of fact exists between the parties. (Deltak, Inc. v. Schwartz (1983), 119 Ill. App. 3d 119, 125.) Summary judgment is a drastic measure, to be granted only where the evidence construed most strongly against the moving party establishes clearly and strongly and without doubt the right thereto. (Becovic v. Harris Trust & Savings Bank (1984), 128 Ill. App. 3d 107, 113.) The reviewing court\u2019s sole function on appeal from a grant of summary judgment is to determine whether the trial court correctly ruled that no genuine issue of material fact had been raised and, if none was raised, whether the judgment correctly was entered as a matter of law. (Coleman v. Windy City Balloon Port, Ltd. (1987), 160 Ill. App. 3d 408, 416.) An order allowing summary judgment will be reversed on appeal if the reviewing court determines that a genuine issue of material fact exists. Addison v. Whittenberg (1988), 124 Ill. 2d 287, 294.\nWe are of the opinion that the evidence before the trial court clearly established that the position of golf professional was abolished rather than replaced by the position of administrative assistant as argued by Wadden. In comparing the two positions, we note some similarities but more distinctions between the two positions. The position of golf professional carried a wide range of responsibility and a high degree of autonomy. The \u201cgolf professional\u201d had to have five years\u2019 experience and be a member of the PGA. He gave golf lessons and organized and administered golf tournaments. He operated the golf pro shop and locker room facilities and supervised the employees for those facilities. He also prepared the budget for the operations under his control.\nOn the other hand, the administrative assistant is charged with carrying out the decisions and policies of the director of golf course services. He has none of the independent authority to operate the golf pro shop and locker room facilities or the supervising authority over those facilities. The administrative assistant has no responsibility or authority over golf lessons or tournaments. Although the administrative assistant must be familiar with the types and construction of golf equipment, there is no level of skill at golf or membership in the PGA required. Woodridge argues, and we agree, that there is a significant difference between a position which requires five years\u2019 experience in a professional athletic association and the requisite mastery to teach a sport and a position which merely requires sufficient knowledge to competently sell athletic equipment.\nWadden argues that merely retitling a position does not permit employees to be dismissed without cause and a new employee to be hired for the retitled position, citing People ex rel. Byrnes v. Stanard (1956), 9 Ill. 2d 372, and People ex rel. Fleming v. Geary (1944), 322 Ill. App. 338. In both those cases, the positions eliminated were identical to the positions created. However, as we concluded above, there is no question that the former position of golf professional and the present position of administrative assistant to the director of golf course services are different both in qualifications and duties to be performed.\nWadden also argues that the position of support-services supervisor was substantially similar to that of golf professional. We note that in rendering his decision, the trial judge remarked that his decision would have been different if the question of similarity involved the positions of golf professional and support-service supervisor. Nevertheless, even given the similarities between the positions of golf professional and support-service supervisor, because Woodridge never filled the position of support-services supervisor, no cause of action against Woodridge existed. (See Woolfolk v. Board of Fire & Police Commissioners (1979), 79 Ill. App. 3d 27 (no cause of action against village for improper dismissal where the village abolished the police force, until there was evidence that village had hired other police officers without affording the former police officers priority rights established by ordinance).) Therefore, this argument is without merit.\nWadden also relies on a provision of the employee manual which provides in pertinent part as follows:\n\u201cAn employee who resigns or is laid-off from Village employment in good standing and who subsequently applies for re-employment may be considered in filling positions in the Village service for which he/she is qualified.\u201d\nContrary to Wadden\u2019s argument, this provision does not create any expectation, priority, or preference for former employees in the filling of village jobs. Regardless of Wadden\u2019s qualifications for the job of administrative assistant, the hiring of another individual other than Wadden did not violate the above provision of the employee manual.\nWe are of the opinion that summary judgment was properly granted as to count I of the complaint.\nWadden also contends that the trial court erred in entering summary judgment as to count III of his complaint. Wadden argues that a genuine issue of material fact exists as to whether Leonard Berg, the director of golf course services, had actual or apparent authority to contract with Wadden and whether that portion of the contract to pay Wadden\u2019s commission violated Woodridge\u2019s salary administration plan.\nAn agent\u2019s authority may be actual or apparent, actual being either express or implied. (Schoenberger v. Chicago Transit Authority (1980), 84 Ill. App. 3d 1132, 1136.) Circumstantial evidence may be used to establish the existence and extent of an agent\u2019s authority. (Hofner v. Glenn Ingram & Co. (1985), 140 Ill. App. 3d 874, 880.) Unless the parties\u2019 relationship is so clear as to be undisputed, the existence and scope of an agency relationship are questions of fact. Mateyka v. Schroeder (1987), 152 Ill. App. 3d 854, 862.\nWoodridge denies that Berg had the authority to enter into a contract with Wadden. The description of Berg\u2019s duties as director of golf course services included the following statements:\n\u201cIn accordance with applicable administrative policies, [he] interviews, employs, evaluates and promotes departmental employees; recommends hiring and procedures for disciplinary action; develops and implements training programs for permanent and seasonal employees.\n* * *\nReviews and directs the operation of the maintenance division of the golf course and facilities through subordinate supervisors; reviews and approves expenditures and contracts relating to the Village Greens of Woodridge.\u201d\nBerg\u2019s duties as director of golf course services did not include setting the compensation level for Wadden\u2019s position as golf professional. Wadden stresses that Berg told him he was hired and negotiated his salary. However, to establish the actual authority of an agent, the authority must be founded upon some word or act of the principal, not on the acts or words of the agent. (Schoenberger, 84 Ill. App. 3d at 1136.) Therefore, we determine that no genuine issue of material fact exists as to Berg\u2019s actual authority.\nWadden further argues that a genuine issue of material fact exists as to whether Berg had apparent authority. In Schoenberger v. Chicago Transit Authority (1980), 84 Ill. App. 3d 1132, the court, quoting from Wing v. Lederer (1966), 77 Ill. App. 2d 413, defined apparent authority as follows:\n\u201c \u2018Apparent authority in an agent is such authority as the principal knowingly permits the agent to assume or which he holds his agent out as possessing \u2014 it is such authority as a reasonably prudent man, exercising diligence and discretion, in view of the principal\u2019s conduct, would naturally suppose the agent to possess.\u2019 \u201d 84 Ill. App. 3d at 1137.\nWadden points to the following facts as tending to prove that Woodridge held Berg out as possessing the ability to contract with Wadden: Berg was a department head; he negotiated with Wadden and made a formal offer of employment; no other officer, employee, or official of the village made an offer of employment to Wadden or discussed salary with him; Woodridge advertised a negotiable \u201cincentive package\u201d; and Berg informed Wadden that the prior golf professional had been paid a similar percentage of the receipts from the golf pro shop.\nThe trial court found the case of Bank of Pawnee v. Joslin (1988), 166 Ill. App. 3d 927, to be dispositive of Wadden\u2019s argument. In that case, the village manager and clerk of the village were authorized to negotiate the purchase of a parcel of real estate. Since the owner of the parcel refused to sell to the village, the manager and clerk arranged for Joslin to purchase the building which would then be conveyed to the village. According to Joslin, the village manager and clerk agreed that his expenses in the purchase would be reimbursed, and the clerk, who was an officer of the bank, represented to Joslin that the bank would not look to Joslin for repayment of the note signed by Joslin, individually, to finance the purchase of the property. The village did not acquire the property from Joslin, who was then sued by the bank for nonpayment of the note. Joslin filed a third-party complaint against the village. Joslin claimed that the village was estopped from denying the enforceability of the contract to purchase the property. The village defended, inter alia, on the basis that neither the village manager nor clerk had actual or apparent authority to appoint Joslin as the village\u2019s agent for purchasing the property. The trial court granted the village\u2019s motion for summary judgment and Joslin appealed.\nThe reviewing court upheld the granting of the village\u2019s motion for summary judgment. While noting that the doctrine of estoppel has been held applicable to municipalities (Gregory v. City of Wheaton (1961), 23 Ill. 2d 402), the court pointed out that, normally, a city or village cannot be estopped by an act of its agent beyond the authority expressly conferred upon that official, or made in derogation of statute. (Ganley v. City of Chicago (1980), 81 Ill. App. 3d 877.) Nothing in the record indicated that the village clerk or the village manager was ever granted authority to enter into an undisclosed agency agreement with a third party, or to bind the village to a contract to repurchase real property from that third party. (Bank of Pawnee, 166 Ill. App. 3d at 929.) The court concluded that the village was not estopped to deny] the unenforceability of the alleged contracts, stating as follows:\n\u201cUndoubtedly Joslin acted improvidently in this scenario. Yeti one who deals with a governmental body is at risk of having ac-l eurately ascertained that those who purport to act for that body! stay within the bounds of their authority. [Citation.] A person! dealing with a municipal corporation \u2018is charged with the knowl-f edge of the limitations of the power of that corporation for any! contract attempted to be entered into by any of its officials.\u2019 [Ci-| tation.] Where an employee of a municipal corporation purports to bind the municipality by contract, without approval or author-1 ity, such a contract is \u2018utterly void,\u2019 and cannot be validated by principles of estoppel.\u201d Bank of Pawnee, 166 Ill. App. 3d at 940-41.\nWe agree with Woodridge that the employee manual and Berg\u2019s job description, both of which are relied on by Wadden, in fact, establish Berg\u2019s lack of authority to enter into a commission contract on Woodridge\u2019s behalf. Under Woodridge\u2019s code of ordinances, the relevant portions of which are incorporated into the employee manual, Berg did not have authority to contract with Wadden for the payment of commission.\nWadden\u2019s reliance on Aiardo v. Village of Libertyville (1989), 184 Ill. App. 3d 653, is misplaced. Even assuming, arguendo, that Berg had the authority to actually hire employees, he would not have had the authority to contract for compensation which was prohibited by the village\u2019s ordinances. (Cf Hogan v. City of Centralia (1979), 71 Ill. App. 3d 1004 (City manager with clear authority to hire could not hire employee at salary higher than budget appropriation for the position).) Section 2 \u2014 209(d) of the village\u2019s ordinances provides in pertinent part as follows:\n\u201cRewards. No reward in addition to regular compensation shall be received from any source by individual employees for the performance of their duties. This provision shall not be deemed to apply to the employee awards program and/or the employees suggestion program.\u201d\nWadden argues that the prohibition contained in section 2 \u2014 209(d) applies only to outside rewards, such as gifts or bribes. However, the ordinance specifically sets forth the two exceptions to the \u201cno reward\u201d provision. Moreover, the term \u201cnegotiable incentive package\u201d was not defined in the advertisement for the position of golf professional as being a percentage of the pro shop receipts, which could very well have fallen under one of the exceptions to the \u201cno rewards\u201d provision.\nFinally, Wadden argues that since Woodridge advertised that the golf professional\u2019s position included a \u201cnegotiable incentive package,\u201d Wadden could reasonably assume that Berg had the authority to bind Woodridge to a contract for commission with Wadden.\nHowever, nothing in the ad indicates that Berg had any authority to bind Woodridge to a contract of any kind. The ad merely states that resumes should be sent to Woodridge\u2019s personnel manager. Again, the issue is not whether pursuant to its ordinance Woodridge was authorized to pay commissions, but whether Leonard Berg was authorized to bind Woodridge to such a contract.\nThe pleadings clearly show that Berg had no actual or apparent authority to bind Woodridge to the payment of commissions to Wad-den. There being no genuine issue of material fact as to this issue, summary judgment was properly granted.\nFinally, Wadden contends that the trial court erred in refusing to strike Woodridge\u2019s reply to his answer to the motion for summary judgment.\nSupreme Court Rule 219(c) (107 Ill. 2d R. 219(c)) provides a trial court with wide discretion as to the appropriate sanctions to impose upon a finding of failure to comply with discovery requests. A court\u2019s ruling on what sanction, if any at all, is appropriate will not be disturbed absent an abuse of discretion. Needy v. Sparks (1977), 51 Ill. App. 3d 350, 363.\nContrary to Wadden\u2019s assertion that Woodridge\u2019s failure to supply copies of all of the requested appropriation ordinances was willful and intentional, the record supports the trial court\u2019s finding that Wadden had not requested \u201ctransfer\u201d ordinances, and, therefore, Woodridge\u2019s failure to supply \u201ctransfer\u201d ordinances was not a violation of the discovery request. As for Woodridge\u2019s failure to supply the budget summaries which were a part of the requested appropriation ordinances, Woodridge acknowledged the oversight and offered equitable solutions to the remedy of the oversight. Given the confusion over the terms \u201cappropriation\u201d and \u201ctransfer\u201d as applied to the ordinances, we cannot say that the \u201ctransfer\u201d ordinances were willfully withheld, since they were never asked for. As to the budget summaries, nothing in the record indicates they were willfully or intentionally withheld. Thus, the trial court\u2019s adoption of the remedies suggested by Wood-ridge to cure the discovery deficiency was the appropriate response under the circumstances.\nWadden also points out that section 2 \u2014 611 of the Code of Civil Procedure (Ill. Rev. Stat. 1987, ch. 110, par. 2 \u2014 611) allows the court to assess reasonable attorney fees against any party filing untrue pleadings. However, where sanctions are to be imposed for discovery abuses, the sanctions are more properly imposed pursuant to the Code\u2019s provisions dealing with discovery rather than section 2 \u2014 611. Diamond Mortgage Corp. v. Armstrong (1988), 176 Ill. App. 3d 64, 72.\nFor all of the foregoing reasons, the judgment of the circuit court is affirmed.\nAffirmed.\nDUNN and McLAREN, JJ., concur.", "type": "majority", "author": "JUSTICE WOODWARD" } ], "attorneys": [ "David G. Pribyl, of Goldstine & Broida, Ltd., of Summitt (Ronald J. Broida, of counsel), for appellant.", "Kenneth R. Menzel and Gerald M. Gorski, both of Gorski & Good, of Wheaton (Thomas W. Good, of counsel), for appellee." ], "corrections": "", "head_matter": "WILLIAM M. WADDEN, Plaintiff-Appellant, v. THE VILLAGE OF WOODRIDGE, Defendant-Appellee.\nSecond District\nNo. 2\u201489\u20140157\nOpinion filed January 16,1990.\nDavid G. Pribyl, of Goldstine & Broida, Ltd., of Summitt (Ronald J. Broida, of counsel), for appellant.\nKenneth R. Menzel and Gerald M. Gorski, both of Gorski & Good, of Wheaton (Thomas W. Good, of counsel), for appellee." }, "file_name": "0231-01", "first_page_order": 253, "last_page_order": 264 }