City of Urbana v. Platinum Group Properties, LLC

Illinois Appellate Court
Civil Court
Personal Jurisdiction
Citation
Case Number: 
2020 IL App (4th) 190356
Decision Date: 
Wednesday, March 11, 2020
District: 
4th Dist.
Division/County: 
Champaign Co.
Holding: 
Affirmed.
Justice: 
TURNER

City filed complaint for property maintenance code violations against Defendant for 3 of its buildings located on adjacent properties.Court entered judgment, finding that 3 properties violated numerous sections of ordinances, and fines. City later filed its misnomer motion to amend the record to reflect Defendant by its full name which included the name of Sunnycrest. Court allowed the motion and substituted the name. Section 37-40(a) of the LLC Act authorizes an LLC to form 1 or more series.Sunnycrest asserted lack of personal jurisdiction over it, claiming that it is a series LLC and is a separate entity from the Platinum Group, its parent company. Sunnycrest failed to cite section 37-40 of the Act, and did not provide a file-stamped copy of certificate of designation, which per section 37-40(d) of the Act is conclusive evidence that a series has been legally organized and formed under the Act. Thus, Sunnycrest failed to establish that it was a separate entity from Platinum Group.(DeARMOND and HARRIS, concurring.)