Holmberg v. Kewanee Partners, LLC

2025 IL App (4th) 250628-U
CourtAppellate Court of Illinois
DecidedJune 26, 2025
Docket4-25-0628
StatusUnpublished

This text of 2025 IL App (4th) 250628-U (Holmberg v. Kewanee Partners, LLC) 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
Holmberg v. Kewanee Partners, LLC, 2025 IL App (4th) 250628-U (Ill. Ct. App. 2025).

Opinion

NOTICE 2025 IL App (4th) 250628-U FILED This Order was filed under Supreme Court Rule 23 and is June 26, 2025 NO. 4-25-0628 Carla Bender not precedent except in the th limited circumstances allowed 4 District Appellate under Rule 23(e)(1). IN THE APPELLATE COURT Court, IL

OF ILLINOIS

FOURTH DISTRICT

ANNA HOLMBERG, TERESA POWELL, JACK ) Appeal from the POOLE, TY NELSON, TYRONE SMEGO, and ) Circuit Court of THOMAS CHRISTIAN, ) Henry County Plaintiffs ) No. 25MR12 (Thomas Christian, Plaintiff-Appellant), ) v. ) Honorable THE CITY OF KEWANEE, ) Colby G. Hathaway, Defendant-Appellee. ) Judge Presiding.

JUSTICE ZENOFF delivered the judgment of the court. Justices Steigmann and Cavanagh concurred in the judgment.

ORDER

¶1 Held: The appellate court reversed the trial court’s denial of plaintiff’s motion for a temporary restraining order where plaintiff established all the necessary elements for injunctive relief.

¶2 Plaintiff, Thomas Christian, filed a motion for a temporary restraining order (TRO)

against defendant, the City of Kewanee (City), seeking an order requiring the City to restore his

water service. The trial court denied Christian’s motion, and Christian appealed. For the reasons

set forth below, we reverse and remand with directions that the court immediately enter a TRO in

favor of Christian.

¶3 I. BACKGROUND

¶4 Kewanee Partners, LLC (Kewanee Partners) owns South Wind Mobile Home

Estates (South Wind) and other mobile home parks in Kewanee, Illinois. The residents receive

their water from the City through water mains shared by several lots. Residents pay a monthly fee to Kewanee Partners for their water, and Kewanee Partners is responsible for paying the water bill

for the entirety of each mobile home park to the City.

¶5 On March 28, 2024, First Secure Community Bank filed a foreclosure action

against Kewanee Partners due to its alleged default on the mortgage for South Wind and other

mobile home parks. On April 19, 2024, an order was entered in the foreclosure action appointing

a receiver. That receiver was later removed. On January 27, 2025, Ira Lautner was appointed

receiver of South Wind and Kewanee Partners’ other mobile home parks.

¶6 On May 21, 2025, the City issued a penalty water bill to Kewanee Partners

exceeding $500,000 for South Wind and other mobile home parks. The City notified Kewanee

Partners that payment in full was due on June 2, 2025, and that failure to pay would result in the

City shutting off water on June 3, 2025.

¶7 On May 30, 2025, plaintiff Anna Holmberg, a resident of South Wind, filed a

complaint against the City, alleging that terminating her water service would violate her rights to

equal protection and substantive due process guaranteed by the fourteenth amendment of the

United States Constitution (U.S. Const., amend. XIV, § 1). On the same date, Holmberg also filed

an emergency motion for a TRO and preliminary injunction, seeking an order enjoining the City

from disconnecting water service to her mobile home.

¶8 Attached to the complaint and motion was Holmberg’s 2021 rental agreement with

Kewanee Partners, which required her to pay monthly fees of $300 for lot rent, $35 for water, and

$17 for trash pickup. Also attached to the complaint was an affidavit from Holmberg in which she

stated that she owned her mobile home in South Wind and did not have the resources to relocate

or purchase another home. Holmberg indicated that she stopped paying for water and trash pickup

in late 2024 but resumed those payments in 2025 after the new receiver was appointed. She

-2- asserted that she is current on her rent, water, and trash pickup payments.

¶9 On June 2, 2025, the trial court entered an order granting Holmberg’s motion for a

TRO, finding that “Plaintiff satisfied the elements of a temporary restraining order.” The court

enjoined the City from shutting off water to Holmberg’s mobile home and set a hearing on

Holmberg’s request for a preliminary injunction for June 10, 2025.

¶ 10 On June 4, 2025, Holmberg filed an emergency motion for leave to file instanter

her first amended complaint, seeking to add as plaintiffs four additional residents of mobile home

parks owned by Kewanee Partners: Teresa Powell, Jack Poole, Ty Nelson, and Tyrone Smego. On

the same day, Powell, Poole, Nelson, and Smego filed an emergency motion for a TRO and a

preliminary injunction requiring the City to restore water to the homes of Smego, Poole, and

Powell and enjoining the City from shutting off water to Nelson’s property. According to the

complaint and motion, the City shut off water to parts of Kewanee Partners’ mobile home parks,

including the mobile homes of Smego, Poole, and Powell, on June 3, 2025, but as of June 4, 2025,

the City had not yet shut off the water to Nelson’s mobile home.

¶ 11 Attached to the amended complaint and motion were affidavits from Nelson,

Smego, Poole, and Powell. They each stated that they owned mobile homes in parks owned by

Kewanee Partners, made payments for rent and water to the receiver, and were current on their

monthly payments. Nelson stated that he was required to make monthly payments of $300 for lot

rent, $35 for water, and $17 for trash pickup, for a total of $352 monthly. Powell and Poole stated

that they were required to pay a total of $375 monthly for lot rent, water, and trash pickup. Smego

stated that he was required to pay $300 in monthly rent, which included water.

¶ 12 On June 4, 2025, the trial court entered an order (1) allowing the emergency motion

for leave to file instanter the first amended complaint, (2) granting the motion for a TRO as to

-3- Nelson “for the reasons stated on the record, consistent with the Court’s previous decision in

regards to the original Plaintiff,” and (3) denying the motion for a TRO as to Poole, Powell, and

Smego “for the reasons stated on the record.” The court continued:

“Those reasons being that an injunction would not preserve the status quo. As

Plaintiffs allege, the status quo was the last peaceable uncontested status which

preceded the controversy. This would be a time when the Plaintiffs were receiving

water service and the Defendant was receiving payment for this service. Plaintiffs

make payment for water service through a third party who is apparently refusing to

pay Defendant. The request for [a TRO] would restore water service for Plaintiff,

but would not include payment to Defendant, and therefore would not be a return

to the last peaceable uncontested status. Additionally, there is an adequate remedy

at law in that Plaintiffs could restore individual water service pursuant to 765 ILCS

735/1. Plaintiffs’ counsel’s argument regarding impossibility was not supported by

any facts.”

The record does not contain a transcript from this or any other proceeding.

¶ 13 A hearing on all five plaintiffs’ motions for a preliminary injunction was held on

June 10, 2025. At the hearing, records from Lautner, the current receiver, were admitted into

evidence. Those records showed the following monthly payments from the plaintiffs to the receiver

from February to May 2025: (1) Holmberg paid $300 in February 2025 and $352 monthly from

March to May 2025; (2) Powell paid $375 each month in February and March 2025 and made no

payments in April or May 2025; (3) Poole paid $380 in February 2025, $364 in March 2025, $372

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Bluebook (online)
2025 IL App (4th) 250628-U, Counsel Stack Legal Research, https://law.counselstack.com/opinion/holmberg-v-kewanee-partners-llc-illappct-2025.