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ILLINOIS SUPREME COURT
Landis v MARC Realty
LLC (2009)
VG Marina Mgmt. Corp. v.
Wiener
(2007)
Lawrence v Regent Realty
(2001)
Dobbins v. Duquid
(1872)
ILLINOIS
COURTS OF APPEAL
Berven
v. Marquette Bank & Trust (2009)
Willis v. NAICO Real Estate
(2008)
VG Marina Mgmt. Corp. v.
Wiener (2007, 2008)
Detrana v. Such
(2006)
Krawczyk v. Livaditis
(2006)
Allen v. Lin
(2005)
Turner v. 1212 S. Mich.
P'ship (2005)
Starr v. Gay
(2004)
Sternic v. Hunter Properties
(2003)
Pitts v. Holt
(1999)
Namur v. The Habitat
Company (1998)
American National Bank v.
Powell (1997)
Szpila v. Burke
(1996)
Plambeck v.Greystone
Management (1996)
Friedman v. Krupp
(1996)
Spiegel v. Hollywood
Towers Cond. Assoc. (1996)
Meyer v. Cohen
(1993)
Solomon v. American Nat'l
Bank and Trust Co.
(1993)
Reed v. Burns
(1992)
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Sternic v. Hunter Props., Inc., 344 Ill. App. 3d 915, 918-919
(1st Dist. 2003)
Important case
for everyone. Appellate Court says some claims under the RLTO have
two-year statute of limitations, and others have five-year.
Damages equal to two months' rent under RLTO § 150 for retaliatory
conduct were the subject of this case.
The magic
words appear to be "actual damages and exemplary damages with a cap."
[The two-year statute of limitations] does not apply here because the
damages provided in sections 5-12-150 and 5-12-110(e) of the Ordinance
are contingent on actual damages. Plaintiffs overpayments of rent for a
defective apartment and his expenses in finding and moving to another
apartment against his wishes are actual damages. While section 5-12-150
authorizes exemplary damages, the amount is capped at the greater of two
months' rent or twice the plaintiffs actual damages. This is the exact
provision found to be excepted from the section 13-202 time limits in
Namur, 294 Ill. App. 3d at 1012. Sections 5-12-110(e) and 5-12-150
are not "statutory penalties" because they do not specify an amount to
be awarded for violations or a formula for calculating an award without
regard to the actual damages suffered by the plaintiff. See
Namur, 294 Ill. App. 3d at 1011. Even the two-months' rent liability
stated in section 5-12-150 is related to the actual damages because it
can be imposed only if it is greater than twice the actual damages.
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