Uncle Tom’s, Inc. v. Lynn Plaza, LLC

Illinois Appellate Court
Civil Court
Forcible Entry & Detainer
Citation
Case Number: 
2021 IL App (1st) 200205
Decision Date: 
Friday, May 21, 2021
District: 
1st Dist.
Division/County: 
Cook Co., 6th Div.
Holding: 
Affirmed in part and reversed in part.
Justice: 
MIKVA

Plaintiff restaurant is estopped from challenging the inclusion of reasonable managementĀ fees and ComEd leasehold charges in the common area maintenance (CAM) charges that it is required to pay a portion of under the parties' lease. Plaintiff knew about the management fees, had, more than 20 years prior, engaged an attorney who disputed the new charges in writing and received an explanation for their inclusion in the CAM costs. Thus, Plaintiff knew what it was being charged when it executed the estoppel certificate.Plaintiff did not violate the purpose clause of theĀ lease when it added video gaming terminals to its restaurant and liquor lounge. Video gaming is a lawful activity that licensed liquor lounges may engage in that Plaintiff did not, by adding a small number of gaming terminals to its bar and restaurant, take on a qualitatively different purpose in violation of the parties' lease. (CONNORS and HARRIS, concurring.)