Garden View, LLC v. Fletcher

916 N.E.2d 554, 334 Ill. Dec. 139, 394 Ill. App. 3d 577, 2009 Ill. App. LEXIS 810
CourtAppellate Court of Illinois
DecidedAugust 27, 2009
Docket1-08-1077
StatusPublished
Cited by7 cases

This text of 916 N.E.2d 554 (Garden View, LLC v. Fletcher) 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
Garden View, LLC v. Fletcher, 916 N.E.2d 554, 334 Ill. Dec. 139, 394 Ill. App. 3d 577, 2009 Ill. App. LEXIS 810 (Ill. Ct. App. 2009).

Opinion

JUSTICE STEELE

delivered the opinion of the court:

Plaintiff, Garden View, LLC 1 (Garden View), filed a forcible entry and detainer complaint seeking an order of possession for the apartment that defendant, Leon Fletcher, leased after illegal drugs were found in his apartment. Following a bench trial, 2 the trial court entered the order of possession, finding that Fletcher had violated his lease. Fletcher appeals from the judgment, asserting that the trial court: (1) applied the incorrect standard in determining whether Garden View properly terminated his lease; (2) improperly allowed Garden View to call Fletcher as an adverse witness without prior notice and in violation of an in limine order; and (3) erroneously failed to provide for an official court reporter to transcribe the trial proceedings under the statutory cost waiver due to his indigent status. For the following reasons, we affirm the trial court’s judgment.

BACKGROUND

Garden View is a not-for-profit organization that provides subsidized housing for individuals living with HIV/AIDS and their families in Chicago. Garden View receives funding pursuant to its delegate agency agreement (Agreement) with the Chicago Department of Public Health (CDPH). The funding comes through a federal program administered by the United States Department of Housing and Urban Development (HUD) and known as “Housing Opportunities for Persons with AIDS” (HOPWA) (42 U.S.C. §§12901 through 12921 (2006)), which was established by the AIDS Housing Opportunities Act (Pub. L. No. 101 — 625, §851, 104 Stat. 4079, 4375 (1990)).

In its Agreement, Garden View receives HOPWA grant funds “to devise long-term comprehensive strategies for meeting the housing needs of persons with AIDS or related diseases and their families.” Additionally, the Agreement requires Garden View to comply with grant conditions, and all federal, state and local laws, regulations, rules, policies, and executive orders regarding the grant. Further, the Agreement requires Garden View to administer a policy ensuring that the facility “is free from the illegal use, possession, or distribution of drugs or alcohol” by the residents and maintain a drug-free workplace in accordance with pertinent federal and state statutes, CDPH regulations, and local government guidelines.

On April 5, 2007, Fletcher signed a lease for an apartment at Garden View’s facility after moving from a neighboring building owned and operated by Garden View’s parent company. Anjanette Young, Garden View’s property manager, reviewed the lease provisions, including the prohibition against illegal drug activity, with Fletcher when he signed the lease. Fletcher is an individual living with HIV bone cancer, and other ailments. He also takes various medication for his illnesses. Fletcher was the sole resident of the apartment. Some relatives and their friends assisted Fletcher in moving into the new apartment over several days.

On April 6, 2007, Young discovered suspected marijuana in Fletcher’s bedroom after he permitted her to look around his apartment when she went there to discuss a matter with him. On May 2, 2007, Young served a lease termination notice upon Fletcher. On June 1, 2007, Garden View filed a forcible entry and detainer complaint seeking an order of possession of the premises based upon a breach of the lease terms.

On March 21, 2008, the trial court denied Fletcher’s motion to appoint an official court reporter to transcribe the proceedings. Additionally, the trial court denied the parties’ cross-motions for summary judgment. After Garden View filed a motion to instruct the jury regarding the relevant legal standard, the trial court determined that the lease terms governed the proceedings. Prior to trial, the parties also filed various motions in limine. The trial court entered orders in limine, including orders referencing trial witnesses and excluding references to supportive services. 3

On March 27, 2008, the trial court commenced a bench trial. Young testified that on April 6, 2007, she, while accompanied by a private security guard, Sergeant Henry Irving, Jr., went to Fletcher’s apartment. After Young entered the apartment with Fletcher’s permission, she smelled suspected marijuana smoke. Fletcher also gave Young and Irving permission to inspect his apartment, including his bedroom. Young and Irving looked around the apartment, discovering small baggies with dollar signs on them on a kitchen table. After momentarily leaving the apartment to obtain a Ziploc baggie from Fletcher’s next-door neighbor, Young placed the items, as well as some glass tubes with burn marks, in the bag. When she went into the bedroom, she discovered a partially burned cigarette containing suspected marijuana in an ashtray on a night stand next to his bed. She also observed a bag containing suspected marijuana and a box of cigarettes on the night stand after picking up the ashtray. Young advised Fletcher that she would have to have him arrested due to Garden View’s zero tolerance for illegal drugs. Young wrote notes about her observations and discovery of certain items, which Fletcher signed.

Garden View then called Fletcher as a witness. Over Fletcher’s counsel’s objections that Garden View failed to disclose Fletcher as a witness and called him to testify in alleged violation of an order entered in limine, the trial court allowed Fletcher to testify as an adverse witness. Fletcher admitted that he signed the Garden View lease when he moved into the apartment. He also admitted that he allowed Young and Irving to enter his apartment, during which they discovered some tiny bags and a glass tube in a garbage box that he had unpacked. Fletcher further testified Young left his apartment for a few minutes to go across the hall, but Irving continued to look around. When she returned, Young placed the objects in the bag she obtained from the neighbor and continued to look around his apartment, as she already had his permission to do so. Moreover, he admitted a hand-rolled item was found in an ashtray in his bedroom, he was the only person on the lease and with keys to the apartment, and he was alone in the apartment when they arrived. He testified that after the suspected marijuana was discovered, he signed Young’s notes below language stating he “also admits to currently smoking M.” and documenting her observations and his admissions about his actions to her. He stated the half-smoked object, which was smoked that morning, contained tobacco.

Upon his attorney’s examination, Fletcher denied reading Young’s notes before signing them or having a choice in signing the notes.

Chicago police officer Marlon Lima testified that he and a probationary police officer responded to the call at Garden View’s facility on April 6, 2007. As part of his arresting Fletcher, Officer Lima recovered a half-smoked cigarette and a small, clear plastic bag containing suspected marijuana, which he placed in his pocket while he effected the arrest and were later inventoried.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

In re Marriage of Fanady
2022 IL App (1st) 201100-U (Appellate Court of Illinois, 2022)
Griffin v. Prairie Dog Limited Partnership
2019 IL App (1st) 173070 (Appellate Court of Illinois, 2019)
Dew-Becker v. Wu
2018 IL App (1st) 171675 (Appellate Court of Illinois, 2018)
In re Parentage of W.J.B.
2016 IL App (2d) 140361 (Appellate Court of Illinois, 2016)
Nissan North America, Inc. v. The Motor Vehicle Review Board
2014 IL App (1st) 123795 (Appellate Court of Illinois, 2014)
Bakes v. St. Alexius Medical Center
2011 IL App (1st) 101646 (Appellate Court of Illinois, 2011)

Cite This Page — Counsel Stack

Bluebook (online)
916 N.E.2d 554, 334 Ill. Dec. 139, 394 Ill. App. 3d 577, 2009 Ill. App. LEXIS 810, Counsel Stack Legal Research, https://law.counselstack.com/opinion/garden-view-llc-v-fletcher-illappct-2009.