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Thursday, May 12, 2016

Court Upholds Demolition Action

In 2006, the City of Kankakee obtained a demolition order to remove a building that it and the court deemed unsafe and a public nuisance under Section 11-31-1 of the Illinois Municipal Code. City notified the owner at that time and recorded a notice for any subsequent owners. The City did not take any action to demolish the structure until 2012.  

The owner (who had purchased the property in a tax sale in 2007) sued the City claiming it did not have adequate notice of the demolition and that the City's delay in demolishing the structure violated state law.  The court found in favor of the City in Willie Pearl Burrell Trust v. City of Kankakee, 2016 IL App (3d) 150398-U.  Specifically, the court held that the City had recorded notice of the demolition in 2006, which provided notice to all subsequent owners of the pending demolition, including plaintiff who purchased the land in 2007. The court also rejected the plaintiff's argument that the 5 year delay between the issuance of the demolition order and actual demolition violated state law, finding no statutory deadline under the demolition statute. 

Post authored by Julie Tappendorf


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