Blackwell v. Park Place Investment

563 N.E.2d 1039, 206 Ill. App. 3d 22, 150 Ill. Dec. 912, 1990 Ill. App. LEXIS 1715
CourtAppellate Court of Illinois
DecidedNovember 9, 1990
DocketNo. 1—89—3161
StatusPublished
Cited by13 cases

This text of 563 N.E.2d 1039 (Blackwell v. Park Place Investment) 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
Blackwell v. Park Place Investment, 563 N.E.2d 1039, 206 Ill. App. 3d 22, 150 Ill. Dec. 912, 1990 Ill. App. LEXIS 1715 (Ill. Ct. App. 1990).

Opinion

PRESIDING JUSTICE LaPORTA

delivered the opinion of the court:

Petitioners, Marquette, Sanford and Candie Blackwell (the Black-wells), appeal a trial judge’s order that denied their section 2—1401 petition to vacate the issuance of a tax deed. (Ill. Rev. Stat. 1987, ch. 110, par. 2—1401.) The deed was issued pursuant to section 266 of the Revenue Act of 1939 (Ill. Rev. Stat. 1985, ch. 120, par. 747) to Park Place Investments on land Marquette and Sanford Blackwell purchased in 1978. Candie Benita Blackwell was subsequently identified as a party with interest in the land. The Blackwells contend the trial court had no jurisdiction to order issuance of the tax deed because Park Place Investments failed to comply with section 271.1 of the Revenue Act (Ill. Rev. Stat. 1985, ch. 120, par. 752.1). Section 271.1 blocks issuance of tax deeds until reimbursement has been made to any city that has advanced public funds as authorized by its police and welfare power.

In 1978, Marquette and Sanford Blackwell purchased a three-story, 18-unit, brick apartment building at 1020-1026 E. 62nd Street and 6156-6168 S. Greenwood in Chicago. Their daughter, Candie Blackwell, also holds some interest in the property. Because the Blackwells failed to maintain the heat for the building, the City of Chicago filed three housing court actions to bring the premises into compliance with minimum health and safety standards. A temporary receiver was appointed as permitted under section 11—31—2 of the Illinois Municipal Code (Ill. Rev. Stat. 1981, ch. 24, par. 11—31—2). The court approved “receiver’s certificates,” which permitted the city to advance money for the building’s upkeep. These advances, as authorized by the State statute, occurred on May 20, 1982, April 20, 1986, April 30, 1987, and April 11, 1988. The city paid money to heat the building so it would comply with minimum health and safety standards. The city thus acquired liens on the property for its advances in the total sum of $30,727.75.

During the time period when the money advances were made by the city, the Blackwells failed to pay their property taxes and the county offered the land at a sheriff’s sale. Park Place Investments purchased the property November 19, 1985, for delinquent taxes; a redemption date of November 19, 1987, was extended voluntarily by Park Place Investments to April 13, 1988. The Blackwells were given proper notice but did not exercise the right to redeem the property.

On April 25, 1988, Park Place Investments petitioned the circuit court to order issuance of a tax deed, giving notice to the Blackwells, the city and other lien holders. After the court found it had jurisdiction and that no one had redeemed the property, it ordered issuance of a tax deed. The court specifically found Park Place had complied with all notice requirements, paid all general taxes which had come due and complied with all provisions of the law entitling it to a tax deed. The order for the tax deed to be issued to Park Place Investments was entered on May 20, 1988, and the deed subsequently issued.

On November 3, 1988, the Blackwells filed a petition under section 2—1401 of the Illinois Code of Civil Procedure to set aside the tax deed. The Blackwells contend the court had no jurisdiction to order issuance of the tax deed on May 20, 1988, because Park Place Investments failed to meet its statutory obligation to pay the City of Chicago for liens the city held on the property. The Blackwells alleged that section 271.1 of the Revenue Act imposed that duty because it provides that “[n]o order for the issuance of a tax deed *** shall be entered affecting the title in any land in which a city *** shall have an interest under the police and welfare power by advancements made from public funds until the claimant shall make reimbursement to the city.” (Ill. Rev. Stat. 1985, ch. 120, par. 752.1.) The Blackwells’ petition also alleged fraud and conversion but those allegations were later withdrawn.

On December 2, 1988, seven months after the tax deed was issued, the City of Chicago also filed a section 2 — 1401 petition asking the trial court to vacate its May 20, 1988, order. The city argued that, pursuant to section 271.1 of the Revenue Act, no tax deed could be ordered until the city was reimbursed and the liens satisfied. In further support of its position, the city pointed to section 266 of the Revenue Act, which states, in part, that a tax deed cannot be issued until “petitioner has complied with all the provisions of law entitling him to a deed.” (Ill. Rev. Stat. 1987, ch. 120, par. 747.) The city’s petition noted that both the trial court and Park Place Investments recognized liens still were outstanding at the time the order was entered.

On August 24, 1989, the City of Chicago and Park Place Investments entered into a stipulation that provided Park Place Investments would pay the city $18,000 to release the liens. On October 26, 1989, the trial judge accepted the stipulation and the city’s petition was dismissed voluntarily and with prejudice in accordance with the stipulation. The court at the same time denied the Blackwells’ petition to vacate. The trial judge issued a memorandum order reviewing arguments presented by both the city and the Blackwells. The court stated that it had jurisdiction over the subject matter and had the inherent power to sign the order.

The trial court found “uncontested” the fact that the tax deed petitioner complied with all aspects of the Revenue Act with the exception of its failure to satisfy Chicago’s interest as established by various liens for outstanding receiver certificates. The trial judge commented that the city was notified but failed to appear at the May 20, 1988, hearing so the “court was satisfied that the City must no longer wish to pursue its interest.”

In addition, the trial court held that section 271.1 of the Revenue Act did not apply to this case because the receiver certificates did not constitute expenditures under Chicago’s police power but rather were an investment on the city’s part. The court held that .the city, like any other lien holder, lost its interest when the tax deed was issued. The court stated “[t]he City of Chicago could have *** enforced its interest, waived its interest or settled its interest,” through silence or an affirmative action.

The court noted that, even if section 271.1 did apply, it would still find the tax deed valid because the injured party, the City of Chicago, had withdrawn its challenge to issuance of the deed. The court held that the Blackwells, a third party, cannot enforce the city’s rights. The court noted that the Blackwells failed to provide heat for the building or satisfy the receiver’s liens. The court stated in its denial of the Blackwells’ petition that equity would not allow the “wrongdoer to take advantage of his own wrongdoing.”

The Blackwells appealed, and we affirm the trial court’s decision.

The Blackwells contend on appeal that the trial court did not have jurisdiction to order issuance of the tax deed and therefore its order was void. Under Illinois law, a judgment entered by a court is void if the court had no jurisdiction and can be attacked at any time. Oak Park National Bank v. Peoples Gas Light & Coke Co. (1964), 46 Ill. App. 2d 385, 395, 197 N.E.2d 73, 77.

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Cite This Page — Counsel Stack

Bluebook (online)
563 N.E.2d 1039, 206 Ill. App. 3d 22, 150 Ill. Dec. 912, 1990 Ill. App. LEXIS 1715, Counsel Stack Legal Research, https://law.counselstack.com/opinion/blackwell-v-park-place-investment-illappct-1990.