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City of Chicago v. Zik

Appellate Court of Illinois, First District. Fourth Division
Nov 15, 1965
211 N.E.2d 545 (Ill. App. Ct. 1965)

Summary

allowing intervention in a demolition proceeding

Summary of this case from City of Boise v. Ada County

Opinion

Gen. No. 50,610.

October 29, 1965. Rehearing denied November 15, 1965.

Appeal from the Circuit Court of Cook County; the Hon. RICHARD A. NAPOLITANO, Judge, presiding. Reversed and remanded with directions.

Siegan Rubinoff, of Chicago (Harry G. Fins, of counsel), for appellants.

Raymond F. Simon, Corporation Counsel, of Chicago (Sydney R. Drebin and Allen Hartman, Assistant Corporation Counsel, of counsel), for appellee, City of Chicago. Sherwin Sherwin, of Chicago (Theodore R. Sherwin, of counsel), for appellees, Harry Zik, Jennie Zik and William T. Bradley.


Petitioners appeal from a denial of their motion for leave to file an intervening petition.

The facts are not in dispute. Petitioners are lessees of portions of a building located at 3949-57 North Sheridan Road in Chicago, Illinois. On March 24, 1964, an action was commenced against Harry Zik, Jennie Zik and William T. Bradley alleging that they were operating this building in violation of the Building Code. The cause finally came to trial on March 2, 1965, and a fine of $6,500 was levied after a default judgment. On April 6, 1965, the judgment was vacated upon a motion of the aforenamed parties and, upon an uncontested motion of plaintiff to which petitioners were not joined as defendants, an amended complaint was filed and an order of demolition entered. Upon learning of the demolition order petitioners presented a motion and petition for leave to file an intervening petition, which was denied.

Apparently Harry and Jennie Zik are beneficiaries under a land trust and William T. Bradley is an agent of the American National Bank and Trust Company of Chicago, trustee. However, no trust agreement appears in the record.

[1-6] Petitioners' right to intervene in the demolition proceeding is governed by the Civil Practice Act since that act applies to all civil proceedings at law and in equity, except where the procedure is regulated by separate statute (Ill Rev Stats (1963), c 110, § 1). There is no separate statute regulating demolition proceedings. Section 26.1 of the Civil Practice Act, relating to the right of intervention, provides that:

(1) Upon timely application anyone shall be permitted as of right to intervene in an action: . . . (b) when the representation of the applicant's interest by existing parties is or may be inadequate and the applicant will or may be bound by a judgment, decree or order in the action; . . . .

The Comments of the Joint Committee to this section state:

Intervention is frequently desirable to allow a person to protect an interest jeopardized by pending litigation to which he is not a party. . . .

Certainly the petitioners did have a direct interest in the outcome of litigation seeking demolition of the subject property since only by its continued existence could petitioners' leasehold interests be safeguarded. Since plaintiff's motion for demolition was uncontested, we cannot perceive how petitioners' rights could have been adequately represented. Their attempt to intervene was timely since petitioners did not have notice or knowledge of the demolition proceeding until it was culminated and their petition was filed within thirty days thereafter. Intervention, though usually allowed only before judgment, will be granted after judgment where it is the only way to protect the rights of the intervenor. County of Cook v. Triangle Sign Co., Inc., 40 Ill. App.2d 202, 189 N.E.2d 25, citing 4 Moore, Federal Practice ¶ 24.13, p 99. Under the circumstances of this case petitioners' rights can be adequately protected only by allowing their petition for leave to intervene. Petitioners, having asserted their right to intervene, should have been allowed to do so.

According to the intervening petition, the lease of Arthur and Eugene Bookman does not expire until May 31, 1969. Since leave to file the intervening petition was denied, no answer to the petition was filed.

Therefore this cause is reversed and remanded with directions to proceed in a manner consistent with this opinion.

Reversed and remanded with directions.

McCORMICK, P.J. and ENGLISH, J., concur.


Summaries of

City of Chicago v. Zik

Appellate Court of Illinois, First District. Fourth Division
Nov 15, 1965
211 N.E.2d 545 (Ill. App. Ct. 1965)

allowing intervention in a demolition proceeding

Summary of this case from City of Boise v. Ada County

In City of Chicago v. Zik (1965), 63 Ill. App.2d 445, 211 N.E.2d 545, this court reversed the denial of intervention in an action for building code violations and held that applicants' leasehold interests justified intervention as of right. By comparison, petitioner's ownership interest in the subject building is even more compelling.

Summary of this case from Chicago v. J. Hancock Mut. Life Ins. Co.

In City of Chicago v. Zik (1965), 63 Ill. App.2d 445, 211 N.E.2d 545, the intervenors held leasehold interests at the time of the litigation which sought demolition of the property.

Summary of this case from People ex Rel. Scott v. Children's Home

In City of Chicago v. Zik, 63 Ill. App.2d 445, 211 N.E.2d 545, the petitioners for leave to intervene were the lessees of a building which had been ordered destroyed as a result of building code violations.

Summary of this case from Moore v. McDaniel
Case details for

City of Chicago v. Zik

Case Details

Full title:City of Chicago, a Municipal Corporation, Plaintiff-Appellee, v. Harry…

Court:Appellate Court of Illinois, First District. Fourth Division

Date published: Nov 15, 1965

Citations

211 N.E.2d 545 (Ill. App. Ct. 1965)
211 N.E.2d 545

Citing Cases

Moore v. McDaniel

• 5 Intervention is usually allowed only before judgment, and will be granted after judgment only when it is…

People ex Rel. Scott v. Children's Home

In each case where post-judgment intervention has been permitted, however, the interest of the intervenor…