The Village of Ringwood v. Foster

Illinois Appellate Court
Civil Court
Citation
Case Number: 
2013 IL App (2d) 111221
Decision Date: 
February 11, 2013
District: 
2d Dist.
Division/County: 
McHenry Co.
Justice: 
BIRKETT
Holding: 
Affirmed.
(Modified upon denial of rehearing 3/21/13.) Lienholder of building was entitled to notice of Plaintiff Village's suit for demolition, but lack of notice of suit does not require vacating demolition order and remanding for new trial, where Village sent notice of request for demolition order subsequent to judgment on complaint. Allowing lienholder to raise "objections" on remand allows for possibility that evidentiary record would be reopened to challenge proof in support of demolition, but not so Defendant could present fresh evidence on state of building, and court thus did not err in denying motion to take evidence on current condition of building. (McLAREN and ZENOFF, concurring.)