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LEHNDORFF VERMOEGENSVERWALTUNG v. COUSINS CLUS, INC.

No. 47770.

64 Ill.2d 11 (1976)

348 N.E.2d 831

USA I LEHNDORFF VERMOEGENSVERWALTUNG GmbH & Cie, Appellant, v. COUSINS CLUB, INC., Appellee.

Supreme Court of Illinois.

Rehearing denied June 28, 1976.

Attorney(s) appearing for the Case

Jay Erens, Stephen Novack, and Steven L. Harris, of Levy and Erens, of Chicago, for appellant.

Robert A. Sherwin and Theodore R. Sherwin, of Chicago (Marvin Brusman, of counsel), for appellee.

Reversed and remanded.

MR. CHIEF JUSTICE WARD delivered the opinion of the court:

This is a direct appeal under our Rule 302(a) (Ill. Rev. Stat. 1973, ch. 110A, par. 302(a), 58 Ill.2d R. 302(a)) from a judgment of the circuit court of Cook County holding the Illinois distress for rent provisions (Ill. Rev. Stat. 1973, ch. 80, pars. 16-34) to be unconstitutional.

In our State when a tenant falls in arrears in rent, the lessor may distrain the tenant...

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