Midway Park Saver v. Sarco Putty Company

Illinois Appellate Court
Civil Court
Landlord Tenant
Case Number: 
2012 IL App (1st) 110849
Decision Date: 
Tuesday, August 21, 2012
1st Dist.
Cook Co., 2d Div.
Affirmed in part and reversed in part; remanded.
Parking lot owner sued owner of adjacent vacant land for breach of lease agreement in dispute over fencing for lot near Midway Airport. Court properly found lease terms unambiguous as to deadline to complete improvements to vacant land in granting motion to dismiss count for breach of lease agreement. Parties had modified express terms of agreement, but improvements were made with express knowledge and assent of landowner, indicating that parking lot owner knew it did not have absolute right to alter property after deadline. Court erred in dismissing count for breach of implied covenant of quiet enjoyment, as pre-amendment version of Landlord and Tenant Act applies, which was in effect at time of original contract. (QUINN and CONNORS, concurring.)