City's Department of Administrative Hearings found that Plaintiff was jointly liable for unpaid water bills at certain property in Chicago. Circuit court reversed Department's judgment upon administrative review. A trust was the legal owner of the property, and an LLC was the beneficiary of the trust. Trust agreement indicated that Plaintiff had the power of direction for the trust. Plaintiff was also manager of the LLC. Circuit court's judgment was error where Plaintiff was an "owner" of the property as defined by Chicago Municipal Code. Plaintiff's liability is not solely based on his status as manager of the LLC; he is being held accountable under Municipal Code, for his own acts or omissions as an owner of the property. The LLC Act does not conflict with the Municipal Code. (MIKVA and ODEN JOHNSON, concurring.)
Illinois Appellate Court
Civil Court
Municipal Law