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Articles Tagged with construction

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Henderson Square Condo. Assoc’n v. LAB Townhomes, LLC et al.
Citation: 2015 IL 118139 Opinion Date: November 4, 2015

After LAB Townhomes, the developer of Henderson Square, made false sales claims, built shoddy units, and engaged in fraud and negligent conduct in order to sell units, the Condominium Association sued it under the Chicago Municipal Code’s prohibition on the use of material misrepresentations, as well as Illinois case and statutory law relating to breach of the implied warranty of habitability, fraud, and negligence.

Following an initial defeat in the Trial Court based on allegedly filing late, the Appellate Court and eventually the Illinois Supreme Court determined that the bad actions of the developer permitted a longer time-horizon for the Plaintiff condo owners to pursue their rights.

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The Facts

In 2004 Miller sought to build a 4-unit condominium project on her lot in Monona, Wisconsin. The process stalled while Miller bought another lot, amended the plan, and abated an unexpected asbestos problem. Then her real problems began.

Miller negotiated unsuccessfully with her neighbor, a former mayor, who trespassed onto her property at the direction of city officials and took photographs for use at a planning commission meeting to oppose her project. Citations were issued for creating a public nuisance and working without the proper permit; the Wisconsin Department of Natural Resources issued a “Stop Work” Order due to the asbestos. Miller was also required to erect a fence, was told that weeds were too high, and was ordered to remove various structures.

State Courts

A Wisconsin State Court rejected 3 of the citations issued against her, stating that while “some of the efforts to enforce compliance were unreasonable” Miller had not pointed to any similarly situated person who had been treated differently. With the Court on its side, Monona refused to adjust taxes on the property to reflect the demolition of existing structures, and Officials continued to trespass by parking cars on her property. Continue reading

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