Banco Panamericano, Inc. v. City of Peoria, Ill.

Dist. Ct. did not err in granting defendant-City’s motion for summary judgment in action alleging that plaintiff was entitled to certain structures and underground gas-collecting wells/pipes at defendant’s city landfill after lease between defendant and plaintiff’s predecessor-in-interest had been terminated. Instant lease allowed predecessor to construct and operate instant gas-collection project at defendant’s landfill, but also allowed defendant right to retain, at no cost, said structures and underground wells/pipes that predecessor had installed once lease had been terminated. As such, even though plaintiff had acquired predecessor’s assets through liens and security interests that ripened after predecessor had gone through bankruptcy proceedings, plaintiff could not establish, for purposes of unjust enrichment claim, that it had “better claim” to said structures and underground wells/pipes, since applicable lease gave predecessor no post-termination rights to said property, but rather gave said rights to defendant.