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03/28/88 G&J Parking Company, v. the City of Chicago Et Al.

March 28, 1988

G&J PARKING COMPANY, PLAINTIFF-APPELLEE

v.

THE CITY OF CHICAGO ET AL., DEFENDANTS-APPELLANTS



APPELLATE COURT OF ILLINOIS, FIRST DISTRICT, FIRST DIVISION

522 N.E.2d 774, 168 Ill. App. 3d 382, 119 Ill. Dec. 112 1988.IL.436

Appeal from the Circuit Court of Cook County; the Hon. George A. Higgins, Judge, presiding.

APPELLATE Judges:

JUSTICE MANNING delivered the opinion of the court. O'CONNOR, J., concurs. JUSTICE QUINLAN, specially Concurring.

DECISION OF THE COURT DELIVERED BY THE HONORABLE JUDGE MANNING

The plaintiff, G&J Parking, Inc. , pursuant to Supreme Court Rule 304(a) (107 Ill. 2d R. 304(a)), appeals the dismissal of count I of its complaint which sought a preliminary injunction against the defendants. Defendants, the City of Chicago (city), a municipal corporation, and Judson Miner (Miner), acting corporation counsel of the City of Chicago, pursuant to Supreme Court Rule 307 (107 Ill. 2d R. 307), appeal the circuit court's order granting a temporary restraining order in favor of the plaintiff and the court's subsequent refusal to vacate that order.

For the following reasons we reverse the decision of the trial court in part and remand for further proceedings.

The plaintiff had managed six city-owned parking lots located throughout the City of Chicago pursuant to an ordinance agreement dated January 5, 1970. The agreement was for a term of one year beginning on January 1 and ending on December 31 and had been renewed annually by the parties.

On October 30, 1985, the city's commissioner of streets and sanitation sent a notice to G&J informing it that its operator's agreement would terminate on December 31, 1985, and that it was required to vacate the premises by that date. The city decided to suspend these termination orders, however, and G&J continued to manage and operate the six parking facilities. The city maintains that from that time, G&J managed the lots on a month-to-month basis. G&J contends that it was still managing the lots on a year-to-year basis and that the term expired on December 31, 1986, pursuant to the agreement.

On July 16, 1986, Judson Miner sent a letter to G&J stating that its agreement with the city for the management of the parking facilities was being terminated due to G&J's violation of the terms of the ordinance agreement and requiring G&J to vacate the premises by August 31, 1986. After G&J received this letter, counsel for both parties met regarding the termination of the contract.

At this meeting, which was held on August 27, 1986, G&J was informed by an assistant corporation counsel of the City of Chicago that August 31, 1986, was an absolute deadline and further advised G&J that the city intended to use any means available to it to remove G&J, its records and its personnel from the parking facilities.

The next day, August 28, 1986, G&J filed a verified complaint in two counts against the City of Chicago and Judson Miner seeking: (1) a temporary restraining order or, in the alternative, a preliminary injunction enjoining the city from either terminating or shortening the term of the agreement and from removing G&J from the parking facilities it was managing (count I); and (2) an accounting (count II).

An ex parte hearing was held on August 29, 1986, at the Conclusion of which the circuit court entered a TRO enjoining the city from utilizing its police power or its police department to remove G&J from the parking facilities in question. On G&J's representation that it did not possess sufficient funds to post bond, bond was waived.

The defendants filed a motion on September 3, 1986, to dissolve the TRO. The court heard argument on the motion on September 8, 1986, denied the motion, and ...


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