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Campana Redevelopment, LLC v. Ashland Group, LLC

Court of Appeals of Illinois, Second District

July 30, 2013

CAMPANA REDEVELOPMENT, LLC, Plaintiff-Appellee,
v.
ASHLAND GROUP, LLC, Defendant-Appellant.

Held [*]

In a forcible entry and detainer action involving an industrial-space lease, the portion of the trial court’s order awarding plaintiff the unamortized improvement costs that defendant was to repay in installments with future rent was vacated, since the Forcible Entry and Detainer Act only allows plaintiff to join a claim for past-due rent to the action for possession of the premises and plaintiff’s claim for the improvement costs was not germane to the issue of possession, especially when the rent payments in which the improvement costs were to be included were not past due at the time of the trial court’s order.

Appeal from the Circuit Court of Kane County, No. 11-L-720; the Hon. Edward C. Schreiber, Judge, presiding.

Joseph P. Berglund, of Berglund, Armstrong & Mastny, PC, of Oak Brook, for appellant.

Scott G. Richmond, of Ariano Hardy Ritt Nyuli Richmond Lytle & Goettel, of South Elgin, for appellee.

Panel JUSTICE BIRKETT delivered the judgment of the court, with opinion. Justices McLaren and Zenoff concurred in the judgment and opinion.

OPINION

BIRKETT JUSTICE

¶ 1 Plaintiff, Campana Redevelopment, LLC, filed a complaint in forcible entry and detainer against defendant, Ashland Group, LLC.[1] The trial court granted possession to plaintiff and entered judgment for plaintiff in the amount of $267, 600.21, plus $470.84 in costs and $2, 044 in attorney fees. Following the denial of its motion for reconsideration, defendant timely appealed. On appeal, defendant argues that the court erred in awarding plaintiff $119, 495.74 in unamortized improvement costs, which plaintiff had provided to defendant and which defendant was to repay in installments included in future rent payments. For the reasons that follow, we vacate the court's award of $119, 495.74 but otherwise affirm.

¶ 2 I. BACKGROUND

¶ 3 On December 17, 2008, plaintiff and defendant entered into an industrial-space lease (the lease) for premises located at 301 W. Fabyan Parkway in Batavia. Pursuant to Exhibit C of the lease, plaintiff provided defendant with an improvement allowance of $153, 700. Exhibit D of the lease provided that "[plaintiff's] contribution to [defendant's] build-out costs has been amortized over a ten (10) year period and included in [defendant's] rent accordingly."

¶ 4 The lease had an initial three-year term of April 1, 2009, through March 31, 2012, with the following monthly rent schedule:

April 1, 2009, through March 31, 2010: $9, 213.67
April 1, 2010, through March 31, 2011: $9, 426.17
April 1, 2011, through March 31, 2012: ...

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