CHURCH YARD COMMONS LP v. PODMAJERSKY, INC.

No. 1-16-1152.

76 N.E.3d 96 (2017)

2017 IL App (1st) 161152

CHURCH YARD COMMONS LIMITED PARTNERSHIP, Developing Environments Limited Partnership, Elizabeth Park Limited Partnership, Gallery Square Limited Partnership, Pilsen East Mall Limited Partnership, Soda Pop Lofts Limited Partnership, Victoria Gardens Limited Partnership, Church Yard Commons, Inc., Developing Environments, Inc., Elizabeth Park, Inc., Gallery Square, Inc., Pilsen East Mall, Inc., Soda Pop Lofts, Inc., Victoria Gardens, Inc., the Estate of John Podmajersky, Jr., the Estate of Annelies Podmajersky, the John Podmajersky, Jr. Revocable Trust, and the Annelies Podmajersky Revocable Trust, Plaintiffs, v. PODMAJERSKY, INC., and John Podmajersky III, Defendants (John Podmajersky III and Podmajersky, Inc., Counterplaintiffs-Appellants; Lisa Podmajersky, Individually, as Trustee of the Annelies Podmajersky Trust, as Executor of the Estate of Annelies Podmajersky, as Trustee of the John Podmajersky, Jr. Trust, and as Executor of the Estate of John Podmajersky, Jr.; Church Yard Commons Limited Partnership; Developing Environments Limited Partnership; Elizabeth Park Limited Partnership; Gallery Square Limited Partnership; Pilsen East Mall Limited Partnership; Soda Pop Lofts Limited Partnership; Victoria Gardens Limited Partnership; Church Yard Commons, Inc.; Developing Environments, Inc.; Elizabeth Park, Inc.; Gallery Square, Inc.; Pilsen East Mall, Inc.; Soda Pop Lofts, Inc.; and Victoria Gardens, Inc.; Counterdefendants-Appellees).

Appellate Court of Illinois, First District, SECOND DIVISION.

March 28, 2017.


Attorney(s) appearing for the Case

Roth Fioretti, LLC, of Chicago ( Mark D. Roth , of counsel), for appellants.

Perkins Coie LLP ( Eric D. Brandfonbrener and Kathleen A. Stetsko , of counsel), and Richard J. Prendergast, Ltd. ( Richard J. Prendergast and Dierdre A. Close , of counsel), both of Chicago, for appellees.


OPINION

¶ 1 Plaintiffs John Podmajersky, Jr., and Annelies Podmajersky owned real estate in the East Pilsen neighborhood of Chicago, Illinois. Pursuant to an alleged 2003 oral agreement, their son, defendant John Podmajersky III, managed the properties for them. In exchange...

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