Younge v. Berman

2025 IL App (2d) 240354-U
CourtAppellate Court of Illinois
DecidedMarch 13, 2025
Docket2-24-0354
StatusUnpublished

This text of 2025 IL App (2d) 240354-U (Younge v. Berman) 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
Younge v. Berman, 2025 IL App (2d) 240354-U (Ill. Ct. App. 2025).

Opinion

2025 IL App (2d) 240354-U No. 2-24-0354 Order filed March 13, 2025

NOTICE: This order was filed under Supreme Court Rule 23(b) and is not precedent except in the limited circumstances allowed under Rule 23(e)(1). ______________________________________________________________________________

IN THE

APPELLATE COURT OF ILLINOIS

SECOND DISTRICT ______________________________________________________________________________

BRYAN YOUNGE, ) Appeal from the Circuit Court ) of McHenry County. Plaintiff-Appellant, ) ) v. ) No. 23 LA 93 ) RYAN BERMAN, ) Honorable ) Joel D. Berg, Defendant-Appellee. ) Judge, Presiding. ______________________________________________________________________________

JUSTICE BIRKETT delivered the judgment of the court. Justices McLaren and Mullen concurred in the judgment.

ORDER

¶1 Held: Plaintiff’s second amended complaint was properly dismissed where he failed to adequately plead claims of defamation per se and tortious interference with a prospective economic advantage.

¶2 Plaintiff, Bryan Younge, appeals the circuit court of McHenry County’s order dismissing

his second amended complaint alleging that defendant, Ryan Berman, committed defamation per

se and tortious interference with a prospective economic advantage. On appeal, plaintiff argues

that he properly stated claims for relief relating to each claim. We affirm.

¶3 I. BACKGROUND 2025 IL App (2d) 240354-U

¶4 Younge, a resident of the Village of Lakewood, was appointed to serve as a trustee for

the village board for a term spanning from June 2019 and May 2021. In April 2020, Younge

reportedly became aware of an incident involving the village’s Police Chief, Todd Richardson,

and he sought to investigate the incident “to obtain authority to terminate” Richardson. During this

investigation, Younge purported to learn of a “toxic work environment” encompassing the

village’s administration, which was propagated by other trustees, the village’s Chief

Administrative Officer, Jeannine Smith, as well as the village president, Phil Stephan. According

to Younge, as a result of his investigation, several Lakewood employees warned him of the

potential of retaliation from Smith and Stephan. On May 4, 2020, Younge and Stephan had a

heated confrontation at the village’s offices. On May 6, 2020, Younge sent an email to several

other trustees concerning his investigation and implicating Smith and Stephan in certain

misconduct. Following the email’s delivery, “communications and events” concerning the village

board grew even more contentious.

¶5 On July 28, 2020, the village board “authorized” Stephan to send a letter to the McHenry

County State’s Attorney, Patrick Kenneally, requesting an investigation into Younge as a result of

the tactics he used in his investigation. In the letter, 1 the board “request[ed] that [Kenneally’s]

office investigate the harassment by Bryan Younge to determine whether his actions violate any

stalking or harassment provisions of the Illinois Criminal Code.” The letter offered “a sampling of

[Younge’s] emails and texts to various Board members,” which included:

“1) Implied physical threats, including the following:

1 The letter, as depicted in the record, is dated July 24, 2020. However, a Village Board meeting

agenda, which is also contained within the record, suggests that the letter was actually sent on July 28,

2020.

-2- 2025 IL App (2d) 240354-U

a) Doxing of Trustee Ulrich by publishing the location of his residence

b) Threatening Trustee Berman and challenging him to ‘take a walk’

2) Continued use of the FOIA process as a political weapon

3) Public declarations that Trustees are ‘under investigation’

4) Continued and sustained threats that Trustees will be subjected to lawsuits

5) Harassing text messages sent at all hours of the night

6) Withering harassment of the Village’s [Chief Administrative Officer (CAO)]

7) Taunting via electronic communication.”

According to the letter, the 20 attached examples of Younge’s correspondence “demonstrate[ed]

the harassment that has been directed towards [Smith], [Stephan], and multiple Trustees.”

¶6 A. The Packets

¶7 On August 5, 2020, Richardson was put on administrative leave, and Younge continued

with his investigation, promulgating a series of Freedom of Information Act (FOIA) requests in

order to continue his investigation into the village. However, effective October 3, 2020, Younge

resigned from his position as trustee. Shortly thereafter, Berman anonymously sent a packet of

materials (Packet 1) to Younge’s employer, Newmark Knight Frank. Packet 1 included a cover

letter, which read:

“You have a problem.

Specifically, a highly compensated employee whose actions in his community have

multiple residents and board members fearful for their safety. His actions have, in many

instances, occurred during work hours. His actions have, in many instances, carried

Newmark’s corporate email signature.

-3- 2025 IL App (2d) 240354-U

I have attached many documents highlighting your employee’s actions within his

community. Specifically:

1) Bullying and electronic harassment of local officials, including a 68-year[-]old

woman[;]

2) Threats of investigation and incarceration towards local officials[;]

3) Fat-shaming of multiple local officials and village residents[;]

4) Implied physical threats towards local officials[;]

5) Doxing of a local official, including posting images of his home online[;]

6) Copying village employees in on his threats[;]

7) Threatening a village resident with forwarding an email string to his

employer[;]

8) Multiple complaints files [sic] with the Illinois Attorney General over perceived

violations, none of which he has won[; and]

9) Dozens and dozens of FOIA requests filed with the Village in an effort to stop

the Village from functioning[.]

Finally, two more items that I have attached:

10) Mr. Younge hatched a plan to overthrow the local government with a plan to

make himself Village Manager. He did this over Newmark’s signature.

11) Mr. Younge was also referred to the State’s Attorney over his continued

harassment of local officials.

So, as you can see, you have a problem.

Newmark’s fingerprints are all over this. They are on the email where Mr. Younge hatched

his plan to overthrow the local government. They are on emails where he bullies an elderly

-4- 2025 IL App (2d) 240354-U

woman. They are in the documents sent to the State’s Attorney. And, [G]od forbid, should

anything worse than electronic harassment occur, your company’s fingerprints will be all

over that as well.”

Also included in Packet 1 was the July 28, 2020, letter and materials to Kenneally, a printout of

Younge’s corporate biography, which had been sourced from Newmark’s website, copies of

Younge’s correspondence, and a log of FOIA requests that were attributed to Younge. Of note,

one of the attached emails included a “suggested roadmap” that Younge had compiled on May 6,

2020, detailing how he and others could “tender resignations” to Stephan and Smith before

replacing them as Village President and CAO, respectively.

¶8 A second packet (Packet 2) was also sent to Newmark, which Younge also attributed to

Berman. This packet also included a cover letter, which read, in its entirety, “IS THIS HOW YOU

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