Plaintiffs filed complaint against condominium association and its board of directors, alleging breach of fiduciary duty, defamation, invasion of privacy, and violations of Illinois Human Rights Act, alleging that Defendants harassed them due to their Vietnamese national origin and familial status. Court granted summary judgment for Defendants on claims under the Act. Jury verdict for Plaintiffs on defamation and invasion of privacy counts against the association. There was sufficient evidence of pretext to preclude entry of summary judgment.The trier of fact could find that Defendants' legitimate nondiscriminatory reason for initiating the chancery action (seeking injunctive relief for cleaning and installation of installation of adequate soundproofing material) did not actually motivate that decision. Defendants seemed to have a "neighborly" approach to resolving issues with Plaintiffs until Plaintiffs filed their Complaint under the Act. (GORDON and LAMPKIN, concurring.)
Illinois Appellate Court
Civil Court
Condominiums