BOARD OF DIRECTORS v. MOB VENTURES

No. 1-04-3274.

836 N.E.2d 115 (2005)

359 Ill. App.3d 991

296 Ill.Dec. 700

BOARD OF DIRECTORS OF KENNELLY SQUARE CONDOMINIUM ASSOCIATION, Plaintiff (Steve Benton, Penny Benton, Barbara Jacobs, James Lazar, and James Tierney, Intervenors-Appellants as a Matter of Right), v. MOB VENTURES, LLC, an Illinois Limited Liability Company, Equinox Lincoln Park, Inc., an Illinois Corporation, and DBW, LLC, d/b/a Sauce, an Illinois Limited Liability Company, Defendants-Appellees.

Appellate Court of Illinois, First District, Second Division.

September 6, 2005.


Attorney(s) appearing for the Case

Kenneth M. Sullivan and Daniel G. Austin, Kenneth M. Sullivan & Associates, LLC, of Chicago, for Intervenor-Appellants.

Keith A. Chadwick, Gregory A. McCormick, Garfield & Merel, LTD., of Chicago, for Appellee-MOB Ventures, LLC.

Douglas M. Chalmers, Douglas M. Chalmers, P.C., of Chicago, for Appellee-Equinox Lincoln Park, Inc.


Justice WOLFSON delivered the opinion of the court:

Several unit owners in a condominium filed an action for trespass against a commercial property owner who allegedly placed an air-conditioning system on the common-area rooftop adjacent to their units. The issue is whether the unit owners have standing to bring their claim where the condominium association has filed a complaint on behalf of all the unit owners. We find they do not.

FACTS

Kennelly...

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