City of Danville v. C.A. Collins Enterprises, LLC

Illinois Appellate Court
Civil Court
Abandoned Property
Citation
Case Number: 
2023 IL App (5th) 220345
Decision Date: 
Monday, April 10, 2023
District: 
5th Dist.
Division/County: 
Vermillion Co.
Holding: 
Reversed and remanded.
Justice: 
MOORE

Defendant appealed from a trial court order finding a property abandoned pursuant to section 11-31-1(d) of the Illinois Municipal Code and issuing a judicial deed transferring the title of the property to the plaintiff, City of Danville. The appellate court reversed and remanded, finding that the city did not meet the first statutory requirement for a finding of abandonment, that the property was tax delinquent for two or more years or bills for water service were outstanding for two or more years, and that strict construction was required where the language of the statute was clear and unambiguous. (WELCH and BARBERIS, concurring)