Willie Pearl Burrell Trust v. City of Kankakee

Illinois Appellate Court
Civil Court
Municipal Law
Citation
Case Number: 
2016 IL App (3d) 150655
Decision Date: 
Friday, June 10, 2016
District: 
3d Dist.
Division/County: 
Kankakee Co.
Holding: 
Affirmed.
Justice: 
CARTER

Court properly granted summary judgment for City. Plaintiff trust owns several properties in City, and procured rental licenses for properties.  Plaintiff applied for renewal of rental licenses, but City took no action on applications as Plaintiff owed City over $43,000 for unpaid tickets for violations of Municipal Code. Plaintiff sought writ of mandamus to compel Defendant to comply with ordinance and act upon applications. Plain language of ordinance indicates that City is without authority to issue licenses to person who is indebted to City. Requirement that Plaintiff pay its debts to City prior to obtaining license renewal is not a taking. (SCHMIDT and WRIGHT, concurring.)