county typically refer to it as the political party trail several of the other writers testified in this case also referred to it as a trail of police officer who valley bike is a real with trail several publications that are cited in my brief local publications the true view that the lake county sun have all consistently discussing uses of the word trail used by english speaking people from all across lots of ways using the word trail in a manner to be generally understood this is what statutes aim to do and intention of the was just leisure isn't it easier to understand the immunity were you know there is roots and things growing in a natural path and just the foreseeability of harm versus and the understanding that there could be harm and what it would take to do away with it bursars of a bike path where there could be significant injury without make and so i would suggest that the foreseeability of our issue th mountainous region they made that definition so in order to accept that we have to accept the principle that the trail could not exist there's no such thing as a trail let's roll forests it's to be careful with your words we've seen these examples of ordinary people calling this a trail we can see it's not through a forest region it's not  is that if the court decides that it needs to resort to a dictionary definition or to decide statute is a big us the several definitions  literally on top of a railroad track that runs through the city is a trail under your definition i guess i would ask a few questions i know that it's really familiar with this but likely because it recognizes the difficulty in maintaining miles and miles and miles of trails as opposed to discrete parks trails that stretch o the phone case but but i would submit that those qualifiers in subway show that if the legislature tends to qualify a word for her they'll do it and they'll explicitly do it and if day there are no mountainous regions here i think we can all agree on that so it's tiny's me why the courts would think that the legislature intended definition of the word trail or half know it today but it was to pass other other communities that were not classified by government purpose or government function but rather they were classified  to the california  the strategist yes this question for you is sort of housekeeping also ok if mr higgins can help in the breach there's a suggestion not a suggestion of reference that there is a an agreement between the county and the city for maintenance remember that  yes and somewhere in there there's a reference that it's identified as exhibit d to a response for production of documents and you know this is all a trying to clean file the record scanned my office went through we just we couldn't find it so i'm just curious opposing counsel has and i'd clear identification of where that agreement is if it is in fact in the record you know you may not know that right now i believe the record i don't i don't know right it must be strictly construed against the city where finding the issue before the court today i agree with counsel is therefore whether the appellate courts have defined writing trout correctly for the past the plain ordinary meaning of the word trail and the other is the dr no in perry material starting with brown and followed by the five appellate decisions involving the interpretation of section three one of the seven b our courts have consistently held that in order for a bite have to be considered a writing trail under section one o seven b it must be a market cap through force or mountainous region is simply not a right a trail if it runs through the middle of a developed commercial industrial or residential area as this trail runs as a matter of law this restriction defeats the cit assertion that the pap is erratic trail the city has made no contention that the path runs through a forest from out of this region if you look at the photos or read the depositions and and affidavits describing the past and it surroundings you'd agree with the lower court that this trail or path is about the furthest thing from what the legislative legislative intent was in terms of a natural c n n forest  poles railroad tracks highway highways that have to cross streets you have to cross the presence of industrial commercial and residential development all around this to negate any of property that are not intended by this that they use doesn't make any difference how how you use it make whether you walk that's i would agree with us and then the word writing trail nothing right case it went through some developed areas and but the model court still found that there was absolute immunity the difference between model and our case is in our case as pointed out by the lower court this like in this case that goes through all develop their areas that's where you have to draw the line i understand your argument of relative to an era material but what about the other side of that coin where judges and and and certainly all up all of the appellate court justices who have looked at this issue and who know a lot more than i do about that question they have said that you look at both sections together you can't take the word writing in isolation and just say well that means it's for bicycles in this area you have to take the whole section of the act of every one o that counsel mention before that the word trail has been used sometimes that were half has been used sometimes that it's not up for people like me or people who get depositions to call it a trailer out and that determines whether it's subject to immunity under three one zero seven eight b it's up to the to the courts to to determine whether the work you know whether this is grant of absolute immunity is also inconsistent with the facts of this case the purpose of three want to seven b as stated by goodwin in one nine hundred ninety four is to extend absolute immunity to local public en where the injury occurred in undeveloped natural areas because first of all the burden both time and money would be too great and secondly it would defeat the purpose of enjoying these types of recreational properties in truly natural setting these considerations do not apply in this case because the bipap is in the midst of an easily accessible developed area runs right through the city of highland park commercial industrial residential area mile apart and as s just burke pointed out before the city is entered into a contract to maintain this payout in a safe condition in other words the city has voluntarily agreed to take on this bird i would even call it a prayer for the city because they have already contracted to maintain the power in a safe condition and it's right in their backyard it's not like they have to drive out thirty miles into some remote what it scenic area to maintain it's also a position that the city by entering into this maintenance contract has removed itself from any tort immunity protection here had the legislature intended for him a park to be able to preserve its poor communities defense when it entered into this contract to materia where you take the statute as a whole not the words in isolation morrow as a first district case which used perry and perry material to analyze three one zero seven a and b concluded that since three one zero seven b has been limited to trails in undeveloped areas three one zero seven eight is likewise intended only to apply to access roads in undeveloped primitive areas so only to apply to hiking writing fishing or hunting trails and primitive camping recreational or scenic areas in other words to achieve harmony between three one of the seven a and b materia for analyzing section three one of the seven with three one zero six which further supported its decision the three one of seven did not apply to the trail in question both three one zero seven and one of the six apply to recreational three one zero seven three one zero six was created to encourage local public entities to develop and maintain parks and recreational area us while still holding them accountable when one misconduct free one of the seven on the other hand was created to provide absolute immunity for injuries on natural undeveloped property because of the inherent burden to maintain it is intended to be much more narrow than three one o allowing local public entities to be liable for well when one conduct accomplishes both goals all of these considerations lead to one conclusion the legislature intended three one zero seven as a whole to apply solely to primitive undeveloped public property and intended three one of the six to apply to parks and recreational property and trails like this to this program but three one o seven goes further than three one zero six three one zero seven provides absolute immunity for property unlike recreational property three one of the seven provides an absolute immunity for trails that are out in the middle of no trails that go through what it areas scenic areas where the municipality shouldn't have a bird to ma below did nothing wrong here it simply followed presses we're talking about interpreting the statute here courts have been interpreting the statute for the past twenty three years and a lot of circuit court justices is presumed to know how the courts have been interpreting the set these statutes by the legislature not moving forward and changing three one o seven changing the law of the say it just applies by the first district say that our legislature has amended the toward immunity act of expand the scope of immunity when it is in the public's best interest to do so we leave such a determination to the legislature and will not expand the scope of immunity through judicial action also for public policy reasons three one zero seven b should not apply to this case i will park promotes the use of this path they have signs all along the passing how they maintain the p roadway especially in the current bicycle climate in both illinois and the united states where bicycling is no longer just a leisure activity but an important mode of transportation three responsible with maintaining the trail here are the absolute immunity there's a greater chance that it would presumably end up more in disrepair than if they did not have that immunity and as such there may be more people injured if we look at this kind of a male uscis as to why the legislature would grant absolutely unity in this kind of scenario and then it does it would be more appropriate to look at the public policy behind this action as granting access as opposed to making sure the policy choices made to have that goal was to protect local municipalities from damages that that may seem like a harsh result in some instances an argument that we would that we would preside based on the trial of the ins perhaps it's not  to it that i don't do that under the guise of statutory construction don't do that under the guise of defining terms essentially bus angeles city of los angeles and los angeles you know suitcases they specifically reject arguments that the station is only intended to apply to primitive trails based on the  simply because that word appears nowhere in the in the in the language what does hiking mean what i connotes a certain type of walking wouldn't necessarily i don't think the jogging or running