Village of New Athens v. Smith

Illinois Appellate Court
Civil Court
Forcible Entry & Detainer
Citation
Case Number: 
2021 IL App (5th) 200257
Decision Date: 
Friday, May 21, 2021
District: 
5th Dist.
Division/County: 
St. Clair Co.
Holding: 
Affirmed as modified.
Justice: 
MOORE

Court granted Village's motion for summary judgment on its complaint for forcible entry and detainer, and awarded Village $148,680 in damages. Village had a statutory right to bring an action for possession of the premises based on the amount of time (16 months) Defendant was in arrears on rent. Village failed to file an affidavit in compliance with Rule 222(b) to indicate whether total money damages it sought exceeded $50,000; and case was docketed as an LM case, which indicates that it was a case seeking $50,000 or less. Judgment reduced to $50,000. (WELCH and VAUGHAN, concurring.)