Hachem v. Chicago Title Insurance Company

Illinois Appellate Court
Civil Court
Ordinances
Citation
Case Number: 
2015 IL App (1st) 143188
Decision Date: 
Monday, December 14, 2015
District: 
1st Dist.
Division/County: 
Cook Co., 1st Div.
Holding: 
Affirmed.
Justice: 
HARRIS

(Court opinion corrected 1/8/16.) Plaintiff entered into real estate contract for purchase of residence in Chicago.  After completing purchase, Plaintiff searched County Recorder of Deeds and discovered that property was part of a historical district, pursuant to ordinance enacted in 1982. Plaintiff made claim with title company that ordinance was an encumbrance on title. Court properly denied Plaintiffs’ oral motion to amend, as it was made at same hearing but after court granted Defendants’ motion for dismissal with prejudice, as dismissal was a final judgment and Plaintiffs had no statutory right to amend. Court properly dismissed with prejudice counts against sellers, as they were not required under ordinance to post landmark identification on the property. (LIU and CONNORS, concurring.)