The Village of Palatine v. Palatin Associates

Illinois Appellate Court
Civil Court
Condemnation
Citation
Case Number: 
2012 IL App (1st) 102707
Decision Date: 
Friday, March 16, 2012
District: 
1st Dist.
Division/County: 
Cook Co.,6th Div.
Holding: 
Affirmed.
Justice: 
R.E. GORDON
Village filed condemnation proceeding to acquire real estate in Palatine that was being used for shopping center, to use as police and municipal facility, and paid owner $6 million for property. Owner served five-day notices on tenants, and then filed forcible entry and detainer, and pursued actions until court dismissed them as moot. Owner's conduct does not prevent it from arguing that tenant was required to comply with leases. Nonreliance clause in leases prevents tenant from establishing justifiable reliance on any alleged prior statements by owner. Owner's alleged breach in failing to make repairs to common area did not relieve tenant of rent obligation. Tenant was not entitled to share in final award of just compensation, as five-day notices terminated leases. (LAMPKIN and PALMER, concurring.)