AP Properties, Inc. v. Rattner

960 N.E.2d 618, 355 Ill. Dec. 736
CourtAppellate Court of Illinois
DecidedOctober 27, 2011
Docket2-11-0061
StatusPublished
Cited by10 cases

This text of 960 N.E.2d 618 (AP Properties, Inc. v. Rattner) is published on Counsel Stack Legal Research, covering Appellate Court of Illinois primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
AP Properties, Inc. v. Rattner, 960 N.E.2d 618, 355 Ill. Dec. 736 (Ill. Ct. App. 2011).

Opinion

960 N.E.2d 618 (2011)
355 Ill. Dec. 736

A.P. PROPERTIES, INC., Plaintiff-Appellant,
v.
Mitchell RATTNER and Mariann Weiss, Defendants-Appellees.

No. 2-11-0061.

Appellate Court of Illinois, Second District.

October 27, 2011.

*619 Thaddeus M. Bond Jr., Law Offices of Thaddeus M. Bond, Jr. & Associates, P.C., Waukegan, for A.P. Properties, Inc.

Lawrence N. Stein, Law Offices of Lawrence N. Stein, Chicago, for Mitchell Rattner, Mariann Weiss.

OPINION

Justice McLAREN delivered the judgment of the court, with opinion.

¶ 1 Plaintiff, A.P. Properties, Inc., filed a complaint against defendants, Mitchell Rattner and Mariann Weiss, for tortious interference with prospective economic advantage (tortious interference). The trial court dismissed the complaint, without prejudice, for failure to state a cause of action (see 735 ILCS 5/2-615 (West 2010)). Plaintiff then filed an amended complaint that alleged the same facts as did the original complaint but sounded in unjust enrichment. The trial court dismissed the complaint, with prejudice, for failure to state a cause of action. Plaintiff appeals, arguing that the trial court erred in (1) dismissing the original complaint; and (2) dismissing the amended complaint. We affirm.

¶ 2 Plaintiff's original complaint alleged as follows. Plaintiff has long participated in annual tax-sale auctions, at which it competes with other "tax buyers" to acquire tax-sale certificates. In a few cases, the owner does not pay the delinquent taxes, and the tax buyer obtains a tax deed to the property. Plaintiff acquires only a few such tax deeds each year despite purchasing hundreds of certificates. Defendants regularly purchase tax-delinquent properties just before the expiration of the period of redemption so that they can obtain real estate at less than fair-market value from owners who are in imminent danger of losing title.

¶ 3 The complaint continued as follows. In August 2007, defendants purchased real property in Gurnee less than 48 hours before the redemption period expired; in April 2008, defendants purchased real property in Ingleside and paid the delinquent taxes about two weeks before the redemption period expired. At the time of each purchase, plaintiff had held a tax-sale certificate to the property and had petitioned for a tax deed. Defendants' actions were the sole reason that plaintiff did not obtain a tax deed to either property. The public policy of Illinois is to protect the rights of those who purchase real estate that is sold for delinquent taxes, and the legislature has created an indemnity fund to compensate those who lose their interests in real property that is sold for delinquent taxes (see 35 ILCS 200/21-295 et seq. (West 2010)). The fund is supported by tax buyers such as plaintiff and benefits the public and the governmental bodies *620 that receive revenues from the tax-sale process.

¶ 4 Plaintiff's complaint alleged that plaintiff had had valid business relationships with Lake County and with the owners of the Gurnee and Ingleside properties; that plaintiff had had a reasonable expectancy that these relationships could provide plaintiff substantial profits on its investments; that defendants had known of these relationships and expectancies; and that defendants, instead of participating in the tax-sale process, had deprived plaintiff of the tax deeds that it otherwise would have obtained, thus interfering with plaintiff's business relationships and denying plaintiff its prospective economic advantage.

¶ 5 Defendants moved to dismiss the complaint, contending (as pertinent here) that it was legally insufficient because it failed to allege any facts to show that plaintiff had ever had a valid business relationship with either the county or a property owner. The trial court granted the motion but allowed plaintiff to file an amended complaint. Plaintiff filed an amended complaint that realleged the facts in the original complaint but sought recovery for unjust enrichment. The amended complaint did not seek recovery for tortious interference and did not refer to the original complaint. Defendants moved to dismiss the amended complaint for failing to state a cause of action. The trial court granted the motion. Defendants moved for sanctions (see Ill. S.Ct. R. 137 (eff.Feb. 1, 1994)). The trial court denied the motion. Plaintiff appealed.

¶ 6 On appeal, plaintiff argues first that the trial court erred in holding that its original complaint failed to state a claim for tortious interference. Defendants respond in part that plaintiff forfeited its claim by filing an amended complaint that did not replead the claim for tortious interference—and, indeed, did not refer to the original complaint at all. We agree with defendants.

¶ 7 The rule is well settled that "a party who files an amended pleading waives any objection to the trial court's ruling on the former complaints." Boatmen's National Bank of Belleville v. Direct Lines, Inc., 167 Ill.2d 88, 99, 212 Ill. Dec. 267, 656 N.E.2d 1101 (1995); see also Foxcroft Townhome Owners Ass'n v. Hoffman Rosner Corp., 96 Ill.2d 150, 153, 70 Ill.Dec. 251, 449 N.E.2d 125 (1983); Bonhomme v. St. James, 407 Ill.App.3d 1080, 1083, 349 Ill.Dec. 29, 945 N.E.2d 1181 (2011). To preserve review of the dismissal of the complaint, plaintiff could have stood on the complaint and obtained an order dismissing it with prejudice (see Boatmen's National Bank, 167 Ill.2d at 99, 212 Ill.Dec. 267, 656 N.E.2d 1101) or incorporated the claim for tortious interference into its amended complaint (see Bonhomme, 407 Ill.App.3d at 1083, 349 Ill.Dec. 29, 945 N.E.2d 1181). By choosing neither option, plaintiff forfeited any argument on appeal that the trial court erred in dismissing its original complaint.

¶ 8 Plaintiff contends that the forfeiture rule is inapplicable because the case never proceeded to trial and the same facts underlay both the original complaint for tortious interference and the amended complaint for unjust enrichment. However, nothing in the case law restricts the forfeiture rule in this manner. Marek v. O.B. Gyne Specialists II, S.C., 319 Ill.App.3d 690, 702, 253 Ill.Dec. 759, 746 N.E.2d 1 (2001), which plaintiff cites, addresses only when an amended complaint relates back to the original complaint so as to avoid the statute of limitations (see 735 ILCS 5/2-616(b) (West 2010)). That is a separate matter entirely.

*621 ¶ 9 Zurich Insurance Co. v. Baxter International, Inc., 275 Ill.App.3d 30, 211 Ill.Dec. 790, 655 N.E.2d 1173 (1995), which plaintiff also cites, is also distinguishable.

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Cite This Page — Counsel Stack

Bluebook (online)
960 N.E.2d 618, 355 Ill. Dec. 736, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ap-properties-inc-v-rattner-illappct-2011.