Zaferopulos v. City of Chicago

565 N.E.2d 114, 206 Ill. App. 3d 904, 151 Ill. Dec. 843, 1990 Ill. App. LEXIS 1804
CourtAppellate Court of Illinois
DecidedNovember 30, 1990
DocketNo. 1—89—1066
StatusPublished
Cited by3 cases

This text of 565 N.E.2d 114 (Zaferopulos v. City of Chicago) 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
Zaferopulos v. City of Chicago, 565 N.E.2d 114, 206 Ill. App. 3d 904, 151 Ill. Dec. 843, 1990 Ill. App. LEXIS 1804 (Ill. Ct. App. 1990).

Opinion

JUSTICE LORENZ

delivered the opinion of the court:

Defendant, Jerald I. Much, appeals from the entry of summary judgment pursuant to section 2 — 1005 of the Code of Civil Procedure (Ill. Rev. Stat. 1989, ch. 110, par. 2—1005) in favor of plaintiff, Amanda Zaferopulos. We consider whether a decree foreclosing a demolition lien on plaintiff’s alleged property was void for lack of subject matter jurisdiction. We reverse and remand.

Plaintiff filed a seven-count complaint, as amended, against defendant, City of Chicago (city), and Metromedia Company, Inc. (Metromedia). Neither the city nor Metromedia is involved in this appeal, and the case against them continues in the trial court. Counts I and II of plaintiff’s amended complaint were directed against defendant and sought to collaterally attack a decree foreclosing a demolition lien on her alleged property entered in a previous action. In count I, plaintiff sought to quiet title to the property, and in count II, plaintiff sought to vacate the foreclosure decree and subsequent sheriff’s sale as void for lack of subject matter jurisdiction. Defendant, the subsequent purchaser of the property, answered the complaint denying the material allegations. Plaintiff later moved for summary judgment, which was granted on counts I and II.

The property in question used the address of 7901 South Chicago Avenue, Chicago, Illinois, and its legal description was:

“Lots 75, 76, and 77 in the Subdivision of the West 1111 feet of the Northwest V4 lying Northeast of South Chicago Avenue in Section 36, Township 38 North, Range 14, East of the Third Principal Meridian, in Cook County, Illinois.”

From 1952 to 1960, plaintiff’s husband, Nick Zaferopulos, and her brother-in-law, Andrew Zaferopulos, owned the property, and in 1960, Nick Zaferopulos acquired sole interest. The property was improved with a D/a-story brick building.

The property next door to 7901 South Chicago used the address of 7909 South Chicago and its legal description was:

“Lots 78, 79, 80, 81, 82, 83, 84, and 85 in the Subdivision of the West 1111 feet of the Northwest xk of Section 36, Township 38 North, Range 14 East of the Third Principal Meridian, lying Northeast of South Chicago Avenue, in Cook County, Illinois.”

That property was held in a land trust for certain beneficial owners and was improved with a one-story frame building.

On November 14, 1973, the city filed an action under section 11—31—1 of the Illinois Municipal Code (Ill. Rev. Stat. 1973, ch. 24, par. 11—31—1) against Andrew and Nick Zaferopulos by which it sought a court order to demolish the building located at 7909 South Chicago. The complaint in that case described the property as being on lots 75, 76, and 77. Andrew and Nick Zaferopulos were served by substitute service on “Mrs. Nick Zaferopulos” and they were also served by publication. Neither Andrew nor Nick Zaferopulos filed an appearance, and they were found in default. On July 1, 1974, a decree was entered authorizing the city to demolish the building at 7909 South Chicago and listed the legal description as lots 75, 76, and 77. Demolition permit number 492210 dated August 5, 1974, was issued for a one-story frame building at 7909 South Chicago.

Following demolition, on September 9, 1974, the city filed a claim for a lien to recover costs incurred in the demolition against lots 75, 76, and 77 with the address of 7909 South Chicago.

On December 30, 1974, the city filed a complaint to foreclose the lien naming Andrew and Nick Zaferopulos as defendants and sought a judicial sale of the property. The complaint alleged that the city demolished a building at 7909 South Chicago and cited the legal description for lots 75, 76, and 77. The sheriff’s return of service in that case indicates that Andrew Zaferopulos was not served and Nick Zaferopulos was served by substitute service on “Mary Roe” who refused to identify herself. The city served them both by publication. They did not appear and were found in default. A decree of foreclosure was entered on August 26, 1975, and a judicial sale was authorized.

Ann Holly purchased the property at a sheriff’s sale and recorded a sheriff’s deed on April 9, 1976. The deed listed the legal description for lots 75, 76, and 77 and the address for 7909 South Chicago.

In 1976, at the direction of Nick Zaferopulos, the building at 7901 South Chicago was demolished by Daniel Wrecking Company, under permit number 518756. The permit, dated July 8, 1976, was issued for a one-story frame and brick building at 7901 South Chicago.

On August 17, 1979, Nick Zaferopulos conveyed the property at 7901 South Chicago to plaintiff. Plaintiff’s deed is not in the record. Plaintiff filed the present action on March 2, 1984, and a lis penden notice against lots 75, 76, and 77 on April 16,1984.

After several conveyances stemming from Holly, defendant received a quitclaim deed to the property on November 1, 1985, which stated it was subject to the claims in the present action.

Plaintiff’s motion for summary judgment relied on affidavits from herself, Phil Zaferopulos, Erwin Horwitz, and Miles Cunat.

In her affidavit, plaintiff stated that there was only one building on the property at 7901 South Chicago. A plat of survey for lots 75, 76, and 77, dated January 4, 1957, also showed that there was one building on the property. In 1976, Nick Zaferopulos hired a firm to demolish it. The building next door had the address of 7909 South Chicago and was demolished a few years earlier. Plaintiff stated that the city did not demolish a building on her property. She first became aware of an adverse claim to her property in the fall of 1983.

Phil Zaferopulos stated in his affidavit that he was plaintiff’s son and between 1952 and 1973, he was on his parents’ property innumerable times. There was only one building on the property and its address was 7901 South Chicago.

In his affidavit, Erwin Horwitz stated that he was one of the beneficial owners of a land trust for the property at 7909 South Chicago Avenue, which was next to the Zaferopulos property. However, a trust agreement dated in 1957 is part of the record, and it shows that the property’s address was 7917-7935 South Chicago and its legal description was for lots 78, 79, 80, 81, 82, 83, 84, and 85. Horwitz also stated in his affidavit that there were no buildings between the building on his property and the building on the Zaferopulos property.

Miles Cunat stated in his affidavit that he was the manager of the eminent domain section at Chicago Title and Trust Company (Chicago Title) from 1969 to 1974 and he has been qualified to testify as an expert witness on the interpretation of Chicago Title’s documents. Cunat relied on reports on possession for the properties in question dated September 9, 1970. The reports stated that 7901 South Chicago, which was owned by Nick Zaferopulos, was improved with a lVa-story brick building and 7909 South Chicago was improved with a one-story brick and frame building but the owners were unknown.

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Bluebook (online)
565 N.E.2d 114, 206 Ill. App. 3d 904, 151 Ill. Dec. 843, 1990 Ill. App. LEXIS 1804, Counsel Stack Legal Research, https://law.counselstack.com/opinion/zaferopulos-v-city-of-chicago-illappct-1990.