Peabody-Waterside Development, LLC v. Islands of Waterside, LLC

Illinois Appellate Court
Civil Court
Citation
Case Number: 
2013 IL App (5th) 120490
Decision Date: 
September 3, 2013
District: 
5th Dist.
Division/County: 
St. Clair Co.
Justice: 
CATES
Holding: 
Reversed and remanded.
Limited liability company filed action for breach of contract and enforcement of mechanic's lien for grading and site development work. As company was not a joint owner of the property and performed the work as specified under its contract, and no evidence that it was other than arms-length transaction, company is entitled to be paid for that work through the mechanism of a mechanic's lien. The court, therefore, erred in declaring mechanic's lien was void. (SPOMER and CHAPMAN, concurring.)