Plaintiff filed a complaint alleging that the defendants breached an annexation agreement that they were subject to as the successor owners of record through their purchase of unannexed portions of a subdivision by refusing to provide a letter of credit in the amount proportionate to the number of lots they purchased in order to secure completion of roads as the land was developed. Defendants filed a motion to dismiss under section 2-615 arguing that while the annexation agreement was a covenant that ran with the land it did not confer successor status to an entity that purchased only a portion of the property. The circuit court agreed and dismissed the complaint. The appellate court reversed. The Supreme Court affirmed the appellate court’s decision, finding that the defendants were bound by the terms of the annexation agreement. (THEIS, NEVILLE, HOLDER WHITE, CUNNINGHAM, ROCHFORD, and O’BRIEN, concurring)
Illinois Supreme Court
Civil Court
Annexation Agreement