AUI Construction Group, LLC v. Vaessen

Illinois Appellate Court
Civil Court
Mechanic's Liens
Citation
Case Number: 
2016 IL App (2d) 160009
Decision Date: 
Wednesday, November 9, 2016
District: 
2d Dist.
Division/County: 
Lee Co.
Holding: 
Affirmed.
Justice: 
SCHOSTOK

Wind energy system was built on property; property owners entered into windpark easement agreement with wind energy developer. Subcontractor that worked on tower filed complaint to foreclose m$3 million mechanic's lien against property. Court properly granted property owner's motion to dismiss complaint, and properly granted general contractor's motion for summary judgment. Subcontractor's work was an improvement to a trade fixture, which is not lienable; work was not improvement to real property, which is lienable. Although expensive to remove, the tower was not "incapable of removal", and this consideration does not outweigh fact that tower was intended to be temporary. (McLAREN and JORGENSEN, concurring.)