Real Estate Law

15 Hour Solo & Small Firm Bundle - 2024

ISBA Members: Use your 15 hours of Free CLE credits to order this program –
just use the green button next to the “Add to Cart” button below!
Empowering Attorneys with Practice and Technology Tools
Presented by the Illinois State Bar Association
Sponsored by the ISBA Mutual Insurance Company


15.0 hours General MCLE credit, including 14.50 hours of Professional Responsibility MCLE credit in the following category:
  • 12.0 hours Professionalism, Civility, Legal Ethics credit, or Sexual Harassment Prevention
  • 1.50 hour Mental Health and Substance Abuse credit
  • 1.0 hour Diversity and Inclusion credit


Original Program Date: Thursday, September 19, 2024 – Friday, September 20, 2024
Accreditation Expiration Date: October 28, 2026 (You must certify completion and save your certificate before this date to get MCLE credit)


Please Note: Per the MCLE Board rules, attorneys may not claim credit for watching the same program twice within a 12-month period.


Originally Presented as part of the ISBA’s
Solo & Small Firm Conference 2024: Empowering Attorneys with Practice and Technology Tools


Get the practice tips and technology tools you need to build a better practice – from how to implement the leadership strategies you need for a bias-free future workplace, to using artificial intelligence to successfully market your practice. Attorneys with all levels of practice experience who attend this online program will better understand:
  • How to use employment law basics to better manage your law office;
  • How artificial intelligence tools can streamline research, enhance case preparation, and improve client service;
  • The tips and tricks you need to know for incorporating the latest technologies into the everyday practice;
  • How to build and maintain successful client management;
  • The technology tools you need to manage your time;
  • How to build and grow an effective team, while overcoming HR management issues;
  • How Microsoft 365 can help you be more efficient;
  • Strategies for boosting your law firm income;
  • How to keep your client communications safe and avoid email compromise;
  • The ethical conundrums to avoid; and
  • Much more!
Thank You to Our Sponsors!
Diamond Sponsor – ISBA Mutual Insurance Company
Gold Sponsors – Sprunger PEO; Churchill Reporting
Silver Sponsors – ABA Retirement; Advocus National Title Insurance Company; PracticePanther; CLIO
Beyond Bias: Strategies for Inclusive Legal Leadership*
1.0 hour Diversity & Inclusion credit
Lawyers are leaders in society and the workplace. As such, we must ensure we're creating a workplace environment that is both productive and inclusive. Learn how to identify biases and stereotypes with this in-depth discussion on why it’s important to create diversity in the legal workplace and how to implement the leadership strategies you need for a bias-free future workplace.
Moderator: Diana C. Servos, S.T. Legal Group, Deerfield
Julia Roundtree Livingston, Illinois Supreme Court Commission on Professionalism, Chicago

Marketing Your Practice with the Assistance of Artificial Intelligence
Want to save money on your marketing and have your marketing be more effective? Incorporating AI can decrease the need to spend money on marketers, can increase your reach to potential clients/referral sources, and can make it easier for clients to find you. Learn how you can incorporate AI into your firm's marketing with actionable advice that you can implement today.
Moderator: Genevieve E. Miller, Singewald Law Firm, Chicago
Andrew G. Vaughn, Deviant Marketing, Chicago

Employment Law Basics for Managing Your Office
Get the employment law basics you need to manage your office with this informative segment. Topics include: the 1099 changes you need to be aware of, the parameters for people working for free, and what you need to know about Form W-2.
Moderator: John Locallo, Amari & Locallo, Chicago
Jerri Adams Belcher, Engelmeier & Umanah, Minnesota

Artificial Intelligence and the Legal Profession
This presentation explores how artificial intelligence is transforming the legal profession, with a special focus on the unique needs of small firms and solo practitioners. Learn how artificial intelligence tools can streamline research, enhance case preparation, and improve client service, offering a competitive edge in the evolving legal landscape. We'll also discuss practical steps for adopting AI technology to maximize efficiency while maintaining the personal touch that small firms pride themselves on.
Moderator: Diana C. Servos, S.T. Legal Group, Deerfield
Christina Jack, VLex, Wisconsin

Using Technology as a Client Communication Tool
This session provides practitioners helpful tips and tricks for incorporating the latest legal technology into everyday practice. Learn about virtual and cloud-based practice management options, engaging clients through client portals, creating and using automated templates to streamline communication, and security considerations of communicating with clients using these tools, including how to respond in times of crisis. Communication by texting and voice mail is also addressed, along with tips for setting boundaries.
Moderator: Rachel N. Hernandez, Bruckner Hernandez Legal Solutions, St. Charles
Michael P. McCready, McCready Law, Chicago

Best Practices for Successful Client Management
This segment offers the best practice tips you need to build and maintain successful client management. Topics include: intake, termination, and communication.
Moderator: Genevieve E. Miller, Singewald Law Firm, Chicago
Melissa Smart, Attorney Registration & Disciplinary Commission, Chicago

Time Management Technology Tools
This session focuses on making technology work for you. Learn tech-oriented tools designed to make a lawyer’s life easier, strategies for learning how to use new technology, and the research regarding multitasking and how staying concentrating on one thing at a time can make lawyers far more efficient. We’ll talk about technologies, techniques, and apps applicable to computers, smartphones, and tablets.
Moderator: Genevieve E. Miller, Singewald Law Firm, Chicago
Jeffrey Schoenberger, Affinity Consulting Group, Ohio

Building and Growing an Effective Team and HR Management Issues
This presentation offers a look at how to build and grow an effective team while overcoming HR management issues. Topics include: how to address the hiring challenges you may face (such as competing with government and not-for-profits), building relationships, the generational issues to be aware of (and how to address them), and tips on how to make a profit.
Moderator: John Locallo, Amari & Locallo, Chicago
Sarah L. Mitial, People Architectural Group, LLC, Chicago

Top Tips in 10 Minutes*
0.50 hours MCLE credit
Capture some of the best ideas to incorporate into your practice during this fast-paced session.
1. Backup Lawyers for Solo & Small Firms
Kathleen O’Shaughnessy, ISBA Mutual Insurance Company, Chicago
2. Notaries and Digital Signatures
David Finnigan, Director of the Index Department, Illinois Secretary of State, Springfield
3. Artificial Intelligence, Billing Issues, and Ethics
Mark C. Palmer, Illinois Supreme Court Commission on Professionalism, Champaign

Microsoft 365 Tips and Tricks
Discover the best tips and tricks available in your Microsoft Office suite, including features you never knew existed and the hottest releases for Microsoft 365 subscribers. Topics include: how to ramp up your efficiency by getting your settings right and dictating emails and documents; preventing embarrassing errors in your documents by ensuring that your Word settings are spell-checking everything you type; processing email faster with rules, quick steps, and other Outlook tips and tricks; letting Excel enter and manipulate data for you and get control over printing from Excel; how to animate bullet points in PowerPoint to keep your audience (a jury, a board room, or your client)engaged; presenting professionally with presenter view; using One Drive to securely share files; and how to use the Microsoft app suite to schedule meetings efficiently, stay on top of your tasks, manage your matters, improve internal communication, and ramp up your client in take form.
Moderator: John Locallo, Amari & Locallo, Chicago
Jeffrey Schoenberger, Affinity Consulting, Ohio

Systems and Processes
Join us for an in-depth look at how to better streamline your administrative tasks so you can spend more time helping clients and less time monitoring your cases and manually processing your workflow.
Moderator: Rachel N. Hernandez, Bruckner Hernandez Legal Solutions, St. Charles
Melanie Leonard, President & CEO, Streamlined.Legal, Naperville

Tech Essentials and Basics for the Law Office: Finding the Balance for Your Small Firm
Join us for a comprehensive look at some of our hardware and software recommendations to help balance the needs and budget of your solo or small law firm practice. Learn about essential hardware (including computers and other tech accessories), networking options, and software to make your solo or small firm run efficiently without breaking the bank.
Moderator: Bryan M. Sims, Sims Law Firm Ltd., Naperville
Kimberly A. Hilton, Workplace Law Partners, Chicago

Transforming Receivables into Receipts: A Practical Guide for Small Practitioners to Boost Income
This segment offers practical tips and strategies for enhancing your ability to collect legal fees, while simultaneously maintaining a good relationship with your clients.
Moderator: John Locallo, Amari & Locallo, Chicago
John Hoevel, Hoevel Collection Attorneys, Chicago

Avoiding Business Email Compromise & Wire Fraud
Scams and hackers become more sophisticated every year, with business email compromise and wire fraud being among the most common cyber insurance claims today. Every lawyer needs to understand the duties, challenges, and appropriate methods for using technology. Join us for a look at what you can do to prevent business email compromise before it happens, the signs that your firm is under attack (and what you can do immediately to minimize harm), your ethical responsibilities following a business email compromise attack, and the best practices that everyone in your firm needs to follow to protect your clients from wire fraud.
Moderator: Sarah Toney, The Toney Law Firm LLC, Chicago
Mat Kresz, Attorney & Counselor at Law, Chicago

Darwinian Awards for Ethically Challenged Lawyers
Your mother always told you: you can learn things the easy way or the hard way! This segment allows you to learn legal ethics the easy way. By reviewing the mistakes other lawyers have made, from advising clients to putting a sign up in their yard announcing illegal activity was going on inside the house, to lawyers getting opposing counsel drunk just to score some points with the jury, this class hands out the Darwinian Awards. Charles Darwin had a theory that only the fittest survive. Well … you can be among the fittest by adjusting your behavior to avoid the behaviors of these lawyers.
Moderator: Diana C. Servos, S.T. Legal Group, Deerfield
Joel Oster, Comedian of Law, Kansas

Achieving Wellness, Work-Life Balance, and Long-Term Success in Your Law Practice*
1.50 hours Mental Health & Substance Abuse credit
Are you feeling overwhelmed by the unrelenting demands of your legal career? If so, then you are not alone. Don’t miss this opportunity to listen as our renowned speaker, Doug Brown, addresses the unique challenges attorneys face in our modern world. Together, we'll explore transformative strategies to reduce stress, find balance, and rekindle your passion for law.
Doug Brown, Summit Success, LLC, Bluffton, SC


*All sessions provide Professionalism, Civility or Legal Ethics PMCLE credit except those designated with an (*) or identified as Mental Health or Diversity Inclusion PMCLE



Pricing Information
  • Please Note: You must complete the entire program in order to earn MCLE credit for this seminar.
  • Fees:
    • ISBA Member Price of $275 is displayed below when you login
    • Non-Member Price $550
    • New Attorney Member (within the first five years of practice) - $75
    • Law Students - Free

LIVE WEB - Property Taxes in Chapter 13 Bankruptcies

December 18, 2024
Presented by the ISBA Commercial Banking, Collections, and Bankruptcy Section

Live Webcast
Wednesday, December 18, 2024
11:00 a.m. – 12: 35 p.m.

1.5 hours MCLE credit

Get the best practice tips you need to help your Chapter 13 debtor/creditor clients as they deal with delinquent property taxes with this informative online seminar. Commercial banking lawyers, real estate practitioners, bankruptcy attorneys, and construction law counsel with basic to intermediate practice experience who attend this program will better understand:
  • How to pay off property taxes in Chapter 13;
  • How to confirm if there is a tax sale;
  • How to identify the tax buyer;
  • Receiving notice of a sale in error;
  • Who gets paid in Chapter 13;
  • How to ensure release of rights upon discharge;
  • How to get all interested parties to participate;
  • What happens upon dismissal or conversion;
  • What happens when checks are rejected;
  • Who files the proof of claim (and for what entity); and
  • Much more.

Program Coordinator:
Samuel H. Levine , Downey & Lenkov LLC, Chicago

Program Moderator:
Julia Jensen Smolka , Robbins DiMonte, Park Ridge

Program Speakers:
Paul M. Bach , Bach Law Offices, Inc., Northbrook
Claudia Badillo , Badillo Law Group, Chicago
Thomas H. Hooper , Chapter 13 Trustee, Chicago


For best practices, before attending the program using ISBA's Zoom platform, please visit our Technical Support page.

Program Information

  • Fees:
    • ISBA Member - $53
      • ISBA sponsoring section members get a $10 registration discount (which is automatically calculated in your cart when you log in to register).
    • Non-Member - $105
    • New Attorney Member (within the first five years of practice) - $25
    • Law Student Members - Free
    • Special pricing is available for Legal Service Attorneys.
  • If you cannot attend the live web event, a full refund is available, if you cancel your registration up to the start of the live web event on the program page in your “My CLE Account”. 
  • Please Note: MCLE credit is available to registrants only on the day of this live event – and you must attend the entire program to earn MCLE credit. All registrants will receive access to a recording of the event a few days after the program, but credit is NOT available for the recording.

LIVE - 60 Artificial Intelligence Tips in 60 Minutes

December 13, 2024
Presented by the ISBA Standing Committee on Artificial Intelligence & the Practice of Law
Co-sponsored by ISBA Standing Committee on Legal Technology and ISBA Privacy and Information Security Section

 


Friday, December 13, 2024
JW Marriott
151 W Adams St, Chicago
1:00 – 2:00 p.m.
(during the ISBA/IJA Midyear Meeting)

1.0 hour MCLE credit, including 1.0* hour Professional Responsibility MCLE credit in the following category: Professionalism, Civility, Legal Ethics, and Sexual Harassment Prevention credit

Join us for this entertaining and educational session focused on the safe and efficient use of artificial intelligence in your practice. Our presenters will give you 60 rapid-fire practical tips and tricks for using several popular artificial intelligence tools and techniques in your daily workflow. Topics include: ChatGPT, privacy and security issues to be aware of, tech support, and more.

Program Speakers:
Aaron W. Brooks, Brooks Law and Consulting, LLC, Naperville
Bryan M. Sims , Sims Law Firm, Ltd., Naperville
Andrew G. Vaughn, Deviant Marketing, Chicago


*Professional Responsibility MCLE credit is subject to approval

 

By registering for and attending this ISBA event or program I affirm that:

  • I will comply with all state and CDC guidance related to hand sanitation, social distancing, and use of face coverings as appropriate for my vaccination status;
  • If applicable, I will follow more stringent local or venue requirements regarding hand sanitation, distancing, vaccination, testing, and face coverings in place at the location, and at the time of, the meeting.
  • I will not attend the event or program if I have tested positive for COVID-19, am experiencing symptoms of COVID-19, or have been in close contact with someone who has COVID-19. If at any time I begin to experience symptoms of COVID-19, or am in contact with someone experiencing symptoms, I will immediately leave the event or program;
  • I understand that there is an inherent risk of exposure to COVID-19 in any public place or gathering, and that recommended safety protocols continue to evolve. I agree to waive and release any and all claims I, or my guests, may have against the ISBA arising out of or connected in any way with exposure to Covid-19 (and its variants) at the event or program.

Program Information

  • Please Note: MCLE credit is available to registrants only on the day of this live event – and you must attend the entire program to earn MCLE credit. All registrants will receive access to a recording of the event a few days after the program, but credit is NOT available for the recording.
  • From time to time at ISBA CLE events, the ISBA, its vendor partners, or others may take photographs or video of participants, attendees, and guests for use in their marketing or promotional materials or news publications. By registering for this event, you are consenting to the use of your, and your guests’, photograph, video-recorded likeness, and name without compensation. Any photographs or video taken will be the sole property of the ISBA or entity taking the photograph.
  • Fees:
    • ISBA Member - $35
    • Non-Member - $70
    • New Attorney Member (within the first five years of practice) - $25
    • Law Students - $0

Bremel v. Quedas, Inc.

Bremel v. Quedas, Inc.
Illinois Appellate Court
Civil Court
Uniform Fraudulent Transfer Act
Citation
Case Number: 
2024 IL App (1st) 231209
Decision Date: 
Monday, September 30, 2024
District: 
1st Dist.
Division/County: 
3d Dist. / Cook Co.
Holding: 
Affirmed in part, reversed in part, remanded.
Justice: 
REYES

Defendants were found liable for breach of contract and violation of the Uniform Fraudulent Transfer Act in connection with a failed real estate contract and the trial court entered an award in the amount of earnest money that the plaintiff had paid pursuant to the contract. The trial court denied plaintiff’s request for damages due to lost profits, punitive damages, and specific performance and plaintiff appealed, arguing that the trial court erred in failing to award these damages. The appellate court affirmed in part and reversed in part, finding that the trial court erred in finding that punitive damages were not available under the UFTA claims but that the trial court properly denied damages based on lost profits as plaintiff failed to establish such damages with reasonable certainty. The appellate court remanded for calculation of new damages consistent with the opinion. (VAN TINE and D.B. WALKER, concurring and specially concurring)

Mogan v. City of Chicago

Federal 7th Circuit Court
Mogan v. City of Chicago
Civil Court
Inverse Condemnation
Citation
Case Number: 
No. 22-2801
Decision Date: 
September 20, 2024
Federal District: 
N.D. Ill., Eastern Div.
Holding: 
Affirmed.
Judge: 
ROVNER

In a case involving a challenge to the application of the City of Chicago’s Shared Housing Ordinance, plaintiff brought a lawsuit alleging, among other things, that the implementation of the ordinance against him, which prevented him from listing his property as a short-term residential rental, constituted an unconstitutional taking and was an inverse condemnation in violation of Illinois law. The district court dismissed the takings and inverse condemnation claims and declined to exercise jurisdiction over any remaining state law claims and plaintiff appeal. The Seventh Circuit affirmed, finding that the district court properly dismissed the case and did not abuse its discretion in declining to exercise supplemental jurisdiction over the remaining state law claims. (JACKSON-AKIWUMI and PRYOR, concurring)

30th Annual Agricultural Law Seminar - Part 2

ISBA Members: Use your 15 hours of Free CLE credits to order this program –
just use the green button next to the “Add to Cart” button below!
Presented by the ISBA Agricultural Law Section
Co-sponsored by the ISBA Mineral Law Section and ISBA Energy, Utilities,
 Telecom & Transportation Section


3.0 hours MCLE credit


Original Program Date: Friday, June 28, 2024
Accreditation Expiration Date: October 17, 2026 (You must certify completion and save your certificate before this date to get MCLE credit)


Join us for Part 2 of this program to get all the information you need on a variety of hot topic issues, including the energy issues impacting Illinois landowners, and how to advise your clients on the trucking and transportation issues they may encounter. Agricultural law attorneys, real estate lawyers, trusts and estates lawyers, and general practitioners with intermediate levels of practice experience who attend this seminar will better understand:
  • The judicial and legislative updates you need to know;
  • Wind and solar contract issues;
  • The new Corporate Transparency Act,
  • And much more.


Program Coordinator/Moderator:
Andrew G. White, Bellatti, Barton, Cochran & White, LLC, Springfield

Energy Issues Impacting Illinois Landowners
Charles Y. Davis, Brown Hay & Stephens, Springfield
Laura Harmon, Illinois Farm Bureau, Bloomington
Jeffrey L. Terry, Schmiedeskamp Robertson Neu & Mitchell LLP, Quincy

Trucking and Transportation Issues for Illinois Farmers: Regulation, Licensing, and Liability
Mitchell P. Hedrick, Chartwell Law, Peoria
Matthew S. Hefflefinger, Chartwell Law, Peoria

Corporate Law Update and the New Corporate Transparency Act
William J. Bradley, Law Group, Ltd., Vandalia


*Originally presented as part of the 30th Annual Agricultural Law Seminar. Find more sessions in this series in the ISBA On-Demand CLE catalog.


Pricing Information
  • Please Note: You must attend the entire program in order to earn MCLE credit for this seminar.
  • ISBA sponsoring section members get a $10 registration discount (which is automatically calculated in your cart when you log in to register).
  • Fees:
    • ISBA Member Price of $105 is displayed below when you login and program is eligible for Free CLE member benefit.
    • Non-Member Price $210
    • New Attorney Member (within the first five years of practice) - $25
    • Law Students – Free

30th Annual Agricultural Law Seminar - Part 1

ISBA Members: Use your 15 hours of Free CLE credits to order this program –
just use the green button next to the “Add to Cart” button below!
Presented by the ISBA Agricultural Law Section
Co-sponsored by the ISBA Mineral Law Section and ISBA Energy, Utilities,
Telecom & Transportation Section


2.50 hours MCLE credit


Original Program Date: Friday, June 28, 2024
Accreditation Expiration Date: October 17, 2026 (You must certify completion and save your certificate before this date to get MCLE credit)


Join us for Part 1 of this program to get all the information you need on a variety of hot topic issues. Agricultural law attorneys, real estate lawyers, trusts and estates lawyers, and general practitioners with intermediate levels of practice experience who attend this seminar will better understand:
  • Estate planning for the Illinois farmer
  • How to advise drainage districts to ensure compliance with statutory requirements; and
  • Much more.


Program Coordinator/Moderator:
Andrew G. White, Bellatti, Barton, Cochran & White, LLC, Springfield

Estate Tax Update: Planning for Illinois Farm Estates in 2024 and Beyond
Michael G. Barton, Bellatti, Barton, Cochran & White, LLC, Springfield

Representing Drainage Districts: Assessments to Rights-of-Way
H. Allen Yow, Rammelkamp Bradney, Jacksonville

Hot Topics in Agricultural Law
Garrett Thalgott, Illinois Farm Bureau, Bloomington


*Originally presented as part of the 30th Annual Agricultural Law Seminar. Find more sessions in this series in the ISBA On-Demand CLE catalog.


Pricing Information
  • Please Note: You must attend the entire program in order to earn MCLE credit for this seminar.
  • ISBA sponsoring section members get a $10 registration discount (which is automatically calculated in your cart when you log in to register).
  • Fees:
    • ISBA Member Price of $87.50 is displayed below when you login and program is eligible for Free CLE member benefit.
    • Non-Member Price $175
    • New Attorney Member (within the first five years of practice) - $25
    • Law Students – Free

Big Ticket Federal and Illinois Laws and Regulations That Transactional Health Care Lawyers Must Know

ISBA Members: Use your 15 hours of Free CLE credits to order this program –
just use the green button next to the “Add to Cart” button below!
Presented by the ISBA Health Care Law Section


1.0 hours MCLE credit


Original Program Date: Thursday, September 5, 2024
Accreditation Expiration Date: ­­­­­­­­­­­­­­­­­­­­­­­­­September 16, 2026 (You must certify completion and save your certificate before this date to get MCLE credit)


Strategic corporate transactions that involve hospitals and health systems are subject to a plethora of federal, state, and local laws and regulations. The high level of governmental oversight requires that hospital/health system transactions have separate signings and closings to allow sufficient time for the parties to accommodate the many filings, notices, consents, and other governmental approvals that are necessary to close the transaction as well as operate the business effectively after closing. This presentation highlights the “big ticket” federal and Illinois laws and regulations that you need to know to be an effective hospital/health system deal lawyer as well as best practices for efficiently getting over the closing finish line. Health care, government, and corporate lawyers with basic to intermediate practice experience who attend this online program will better understand:
  • Federal and Illinois laws and regulations that loom large for strategic corporate transactions that involve hospitals and health systems;
  • Best practices for efficiently and effectively navigating the executory period between signing and closing; and
  • Consequences for failing to meet governmental requirements for closing a hospital/health system transaction.

Program Coordinator:
James R. Engelman, Attorney at Law, Lexington

Program Moderator:
Meredith E. Eng, Polsinelli P.C., Chicago

Program Speakers:
Meredith E. Eng , Polsinelli P.C., Chicago
Nasir Hussain , Winston & Strawn LLP, Chicago
Sumaya M. Noush , McDermott Will & Emery LLP, Chicago


Pricing Information

  • Please Note: You must attend the entire program in order to earn MCLE credit for this seminar.
  • ISBA sponsoring section members get a $10 registration discount (which is automatically calculated in your cart when you log in to register).
  • Fees:
    • ISBA Member Price of $35 is displayed below when you login and program is eligible for Free CLE member benefit.
    • Non-Member Price $70
    • New Attorney Member (within the first five years of practice) - $25
    • Law Students – Free

Gunnison Commons LLC v. Alvarez

Gunnison Commons LLC v. Alvarez
Illinois Appellate Court
Civil Court
Specific Performance
Citation
Case Number: 
2024 IL App (1st) 232176
Decision Date: 
Friday, August 23, 2024
District: 
1st Dist.
Division/County: 
6th Div./Cook Co.
Holding: 
Affirmed.
Justice: 
ODEN JOHNSON

Plaintiff, a member and manager of a condominium building, filed a one-count complaint against defendants, owners of one condo unit, for specific performance, seeking a court order requiring the defendants to fulfill the terms of a sales contract plaintiffs entered into to sell the condominium building. The circuit court granted summary judgment in favor of the defendants and plaintiff appealed. The appellate court affirmed, finding that the meeting where the sales contract was approved was invalid for lack of proper notice and that plaintiff failed to demonstrate that there was any genuine issue of material fact regarding the defendants’ affirmative defenses that defeated plaintiff’s complaint for specific performance. (C.A. WALKER and TAILOR, concurring)

Castlewood Terrace Homeowner's Association v. Public Building Commission for the City of Chicago

Castlewood Terrace Homeowner's Association v. Public Building Commission for the City of Chicago
Illinois Appellate Court
Civil Court
Restrictive Covenant
Citation
Case Number: 
2024 IL App (1st) 220453
Decision Date: 
Friday, August 16, 2024
District: 
1st Dist.
Division/County: 
5th Div./Cook Co.
Holding: 
Affirmed.
Justice: 
LYLE

Plaintiff filed a lawsuit alleging that the defendant’s proposed construction of a gymnasium annex to an existing elementary school violated the restrictive covenants on the land of the proposed building site. Defendant filed a motion to dismiss and the trial court dismissed the complaint with prejudice finding that it was barred by res judicata because the plaintiff previously had sought to prevent the construction of the elementary school on the same grounds. Plaintiff appealed, arguing that the trial court erred when it found res judicata applied to the current lawsuit, in dismissing the complaint with prejudice, in dismissing the complaint without ruling on a zoning ordinance violation claim in a proposed amended complaint, and in denying the plaintiff’s motion for reconsideration. The appellate court affirmed, finding that the trial court did not err in dismissing the complaint on res judicata grounds, explaining that construction of the annex was an extension of the decision the circuit court previously made regarding the legality of construction of the school. (MITCHELL and MIKVA, concurring)