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03/31/95 JAMES P. ROME v. TERRY H. UPTON

March 31, 1995

JAMES P. ROME, A PARTNERSHIP, PLAINTIFF-APPELLANT,
v.
TERRY H. UPTON, DEFENDANT-APPELLEE.



APPEAL FROM THE CIRCUIT COURT OF COOK COUNTY. THE HONORABLE WILLARD LASSERS, JUDGE PRESIDING.

Presiding Justice Cousins delivered the opinion of the court: McNULTY and T. O'brien, JJ., concur.

The opinion of the court was delivered by: Cousins

PRESIDING JUSTICE COUSINS delivered the opinion of the court:

Plaintiff James Rome filed a complaint against defendant Terry Upton for breach of contract. The contract between the parties required plaintiff to complete an application for public financing for the Montrose Harbor Apartments Project. Upon announcement of approval of public financing, defendant was to pay plaintiff 1.25% of the announced amount. Plaintiff completed the application, and the city council of Chicago passed an ordinance authorizing $8.5 million in public financing. When defendant did not pay 1.25% of this financing, approximately $100,000, plaintiff sued for breach of contract. Defendant filed a motion to dismiss pursuant to section 2-619 of the Illinois Code of Civil Procedure (735 ILCS 5/2-619 (West 1992)), claiming the underlying contract was void as being against the public policy of the State. The trial court granted the motion, from which plaintiff appeals.

We affirm.

BACKGROUND

On July 23, 1986, plaintiff and defendant entered into their contract, which stated:

"The following Proposal, dated as of July 8, 1986, is hereby submitted regarding obtaining public financing ('Public Financing') ***.

I. SERVICES:

A. Application and related financial information activities of assembling information on site control, financial commitments (equity and private financing), and other information requested or required by the U.S. Department of Housing and Urban Development, the City of Chicago ('City'), and/or the State of Illinois, presentations to appropriate city agencies and elected Committees of City Council and shepherding environmental review through to completion.

B. Post-Submission activities consist of responding to all inquiries relating to the Application, such as providing additional documentation, clarifications, and attending working meetings relating to the Application.

UPON ANNOUNCEMENT OF APPROVAL OF PUBLIC FINANCING(S), THE FOREGOING SERVICES ARE DEEMED COMPLETED.

Fees for services in obtaining the Public Financing(s) will be the higher of 5% of the aggregate amount of Public Financing(s) ...


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