Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Hajicek v. Nauvoo Restoration, Inc.

Court of Appeals of Illinois, Third District

March 27, 2014

JOHN HAJICEK, Plaintiff-Appellant,
v.
NAUVOO RESTORATION, INCORPORATED, an Illinois Not for Profit Corporation, Defendant-Appellee (Corporation of the President of the Church of Jesus Christ of Latter-Day Saints, a Utah Corporation, Corporation of the Presiding Bishop of the Church of Jesus Christ of Latter-Day Saints, a Utah Not For Profit Corporation; and Intellectual Reserve, Inc., a Utah Nonprofit Corporation, Defendants)

Appeal from the Circuit Court of the 9th Judicial Circuit, Hancock County, Illinois, Circuit No. 04-L-2. Honorable David F. Stoverink, Judge, Presiding.

Reversed and remanded.

SYLLABUS

In an action for breach of contract and specific performance arising from plaintiff's donation of a religiously significant painting to defendants in exchange for plaintiff being allowed to take possession of 10 to 20 Nauvoo Temple stones, the trial court erred in entering summary judgment for defendants based on the theory of rescission and in dismissing plaintiff's action with prejudice, since the theory was raised for the first time in defendant's motion to reconsider; therefore, the cause was remanded for further proceedings.

Talmadge G. Brenner, of Law Office of Talmadge Brenner PC, of Quincy, and James K. Horstman (argued), of Cray Huber Horstman Heil & VanAusdal LLC, of Chicago, for appellant.

Joshua G. Vincent (argued), of Hinshaw & Culbertson LLP, of Chicago, and Ambrose V. McCall, of Hinshaw & Culbertson LLP, of Peoria, for appellee.

JUSTICE O'BRIEN delivered the judgment of the court, with opinion. Justice McDade concurred in the judgment and opinion. Justice Wright specially concurred, with opinion.

OPINION

O'BRIEN, JUSTICE

Page 912

[¶1] In an action for breach of contract and specific performance regarding some historic Mormon stones, the circuit court initially ruled in favor of the plaintiff, John Hajicek, denying the motion of the defendants, Nauvoo Restoration, Inc., Corporation of the President of the Church of Jesus Christ of Latter-Day Saints, Corporation of the Presiding Bishop of the Church of Jesus Christ of Latter-Day Saints, and Intellectual Reserve, Inc., for summary judgment. However, after granting the defendants' motion for reconsideration, the circuit court granted summary judgment in favor of the defendants, dismissing the plaintiff's action with prejudice. The plaintiff appealed.

[¶2] FACTS

[¶3] The plaintiff, John Hajicek, is a collector of historical Mormon artifacts. The defendants, Nauvoo Restoration, Inc. (NRI), Corporation of the President of the Church of Jesus Christ of Latter-Day Saints (COP), and Corporation of the Presiding Bishop of the Church of Jesus Christ of Latter-Day Saints, are affiliates and conduct business under the organization known as the Church of Jesus Christ of Latter-Day Saints. A fourth defendant, Intellectual Reserve, Inc., was dismissed and is not a party to this appeal.

[¶4] On February 4, 2000, the plaintiff donated a religiously significant painting to COP, which was memorialized ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.