Collateral Estoppel, Law Of the Case and Section 2-1401 Petitions: Illinois Basics

1600 Museum Park, LLC v. Williams, 2012 WL 6955718, chronicles an aborted condominium purchase and its ensuing litigation.  A condo owner and two purchasers signed a contract (Contract) and an approx. $25K promissory note in connection with a condo sale.  But only one of the buyers signed the contract and note.  The deal fell through and the defendants sent a written termination …

Commercial Tenant Can’t Share in Shopping Mall Condemnation Award

In Village of Palatine v. Palatine Associates, LLC, 2012 IL App (1st)  102707, an eminent domain (condemnation) suit, the defendant owned a shopping center and was a lessor on several commercial leases – all of which contained provisions that said in the event of condemnation proceedings, the tenant would share in any award.  The plaintiff Village filed …

Condo Assessment Liens And Slander of Title

Section 9 of the Illinois Condominium Property Act (765 ILCS 605/9) allows a condominium association to place a lien on a unit for unpaid assessments.     But what if an association records an inflated assessment lien against a unit owner? Does the unit owner have any recourse?  The First District answered these questions in Kurtz v. Hubbard, 2012 …