The County of McHenry v. Smith

Illinois Appellate Court
Civil Court
Municipalities
Citation
Case Number: 
2015 IL App (2d) 141165
Decision Date: 
Tuesday, September 1, 2015
District: 
2d Dist.
Division/County: 
McHenry Co.
Holding: 
Affirmed.
Justice: 
JORGENSEN
County filed petition under Section 5-1121 of Counties Code seeking to demolish a building. Record titleholders were both deceased, and property presumably passed by intestacy to their childrenCounty failed to provide proper notice to all owners of property, or provide alternative notice by posting, as required by Section 5-1121(a) of Counties Code. Court's finding that county failed to prove that repairing building would not be cost-effective, is not against manifest weight of evidence, and county failed to present evidence of what property's value would be if it were rehabilitated. (McLAREN and HUDSON, concurring.)