City of Chicago v. Concordia Evangelical Lutheran Church

Illinois Appellate Court
Civil Court
Receivers
Citation
Case Number: 
2016 IL App (1st) 151864
Decision Date: 
Thursday, December 8, 2016
District: 
1st Dist.
Division/County: 
Cook Co., 4th Div.
Holding: 
Affirmed in part and reversed in part; remanded with directions.
Justice: 
BURKE

(Court opinion corrected 2/9/17.) City filed complaint for equitable and other relief against church, alleging that its church steeple was in imminent danger of collapse and needed to be removed because it was leaning toward city street. Court granted City's petition for appointment of limited receiver, and appointed receiver with directions to take certain actions to remove steeple. After evidentiary hearing, court entered order granting in part and denying in part receiver's motion for approval of accounting. Remanded for court to specify bases for court's reduction to receiver's fees, and for court to apply the burden-shifting framework to determine reasonableness of fees sought in receiver's motion for final accounting. (ELLIS and McBRIDE, concurring.)