AUI CONSTRUCTION GROUP, LLC v. VAESSEN

No. 2-16-0009.

2016 IL App (2d) 160009

AUI CONSTRUCTION GROUP, LLC, Plaintiff-Appellant, v. LOUIS J. VAESSEN, in His Capacity as Trustee of the Louis J. Vaessen Trust Dated 6/24/2003 ½ Interest; CAROL A. VAESSEN, in Her Capacity as Trustee of the Carol A. Vaessen Trust Dated 6/24/2003 ½ Interest; GSG 7, LLC; CLIPPER WINDPOWER, LLC; POSTENSA WIND STRUCTURES US, LLC; ROCK RIVER READY MIX, INC.; ILLINOIS TRUCK AND EQUIPMENT COMPANY, INC.; CUMMINGS ELECTRICAL, INC.; KR WIND, INC., d/b/a Mammoet Wind, Inc.; UNKNOWN OWNERS; and NONRECORD CLAIMANTS, Defendants (Louis J. Vaessen, in His Capacity as Trustee of the Louis J. Vaessen Trust Dated 6/24/2003 ½ Interest; Carol A. Vaessen, in Her Capacity as Trustee of the Carol A. Vaessen Trust Dated 6/24/2003 ½ Interest; GSG 7, LLC; Clipper Windpower, LLC; Postensa Wind Structures, US, LLC; Rock River Ready Mix, Inc.; Illinois Truck and Equipment Company, Inc.; Cummings Electrical, Inc.; Unknown Owners; and Nonrecord Claimants, Defendants-Appellees).

Appellate Court of Illinois, Second District.

Filed November 9, 2016.


Attorney(s) appearing for the Case

Carolyn L. Morehouse , Chad J. Shifrin , and Daniel S. Brennan , of Laurie & Brennan LLP, of Chicago, for appellant.

Riccardo A. DiMonte and Ryan R. Van Osdol , of DiMonte & Lizak, LLC, of Park Ridge, for appellees Louis J. Vaessen and Carol A. Vaessen.

Douglas E. Lee , of Ehrmann, Gehlbach, Badger, Lee & Considine, LLC, of Dixon, for appellee GSG 7, LLC.

James E. Morgan , of Howard and Howard, of Chicago, for appellee Clipper Windpower, LLC.

No brief filed for other appellees.

John S. Mrowiec and Timothy R. Conway , of Conway & Mrowiec, of Chicago, for amicus curiae Associate General Contractors of America et al.

Garrett L. Boehm, Jr. , and Nicholas R. Lykins , of Johnson & Bell, Ltd., of Chicago, and Eric B. Travers , of Kegler Brown Hill & Ritter Co., LPA, of Columbus, Ohio, for amicus curiae American Subcontractors Association, Inc.

Eugene Grace and Gene Grace , of Washington, D.C., amicus curiae American Wind Energy Association.

Justices McLaren and Jorgensen concurred in the judgment and opinion.


OPINION

¶ 1 The instant controversy arises from a wind energy system that was developed by GSG 7 and built on the property of Louis and Carol Vaessen. After the tower was completed, one of the subcontractors that worked on the tower, AUI Construction Group...

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