PML Development LLC v. Village of Hawthorn Woods

This case presents question as to whether trial court properly found that plaintiff was entitled to $5.3 million in damages on its breach of contract claim, under circumstances where trial court found that defendant-Village had materially breached contract before plaintiff had breached contract. Appellate Court, in reversing trial court, held that neither party was entitled to damages, where even though defendant had first breached contract, plaintiff’s court filings indicated its election to continue with contract, such that plaintiff’s subsequent breaches of contract precluded it from obtaining any damages. In its petition for leave to appeal, plaintiff argues that Appellate Court decision improperly precludes parties from obtaining interim relief during course of litigation and improperly denies damages under circumstances where both parties, who had committed partial breaches of contract, had nevertheless elected to continue with contract.