Appellate Court of Illinois

An order denying summary judgment for petitioner-appellant and holding that homeowners' assessments were covenants running with the land, and that once a person obtains an order for the issuance of a tax deed his liability for the assessments relates back to the date of the order for the issuance of the tax deed is affirmed in part, reversed in part and remanded where: 1) petitioner cannot be liable for any assessments that accrued prior to the dates upon which the clerk issued petitioner deeds to the properties; 2) the covenants of assessments are covenants running with the land; 3) the covenant of assessments was not extinguished by the issuance of petitioner's tax deeds; 4) respondent has not waived or is estopped from collecting assessment fees; 5) a covenant of assessment is a present interest that does not violate the rule against perpetuities; and 6) the case is remanded to adjudicate petitioner's claim of unjust enrichment and prayers for prejudgment and post-judgment interest.

Appellate Information

• Decided 06/05/2007
• Published 06/05/2007

Judges

Court

• Appellate Court of Illinois

Counsel