The City of Decatur, Illinois v. Ballinger

Illinois Appellate Court
Civil Court
Municipalities
Citation
Case Number: 
2013 IL App (4th) 120456
Decision Date: 
Tuesday, April 16, 2013
District: 
4th Dist
Division/County: 
Macon Co.
Holding: 
Affirmed.
Justice: 
TURNER
(Court opinion corrected 7/26/13.) Court properly held property owner (who had taken title to property per tax deed) was liable to City for demolition costs for improvements on two pieces of property which had been found unfit for human habitation. Even though owner had entered into contract to sell property, buyers stopped making payments and were discharged in bankruptcy. By being aware of City's nuisance proceeding, owner implicitly agreed to City's work just as a seller under Mechanics Lien Act. "Owner" under Municipal Code is not limited to a person in physical possession and control of the property. (POPE and HOLDER WHITE, concurring.)