Hinch Law

I've previously written about snow removal liability, and particularly the case of Murphy-Hylton v. Lieberman Management Services, Inc. , first at the appellate court and ultimately when the Illinois Supreme Court affirmed the appellate ruling. That case involved ice allegedly forming from a faulty downspout install, not merely removal of naturally accumulated snow. In Hussey v. Chase Manor Condo. Assoc . , the appellate court had occasion to revisit #snowlaw , specifically the Illinois Snow and Ice Removal Act , 745 ILCS 75/2, and its immunity provision. The case involved a plaintiff who slipped and fell while walking across an area that apparently had parking spaces but also excess paved area, which condo residents would walk across to enter the building.  The trial court had granted summary judgment to the association, finding this area to be equivalent to a "sidewalk." What exactly is a "sidewalk?" It's important because the Act grants immunity t...

A few years ago I wrote this post about liability issues for neighbors where a tree limb hangs over the property line.  A focus of the article was the Illinois appellate court ruling in Ortiz v. Jesus People U.S.A ., a case in which a large tree branch extended over a public sidewalk, and fell, injuring a pedestrian.  The appellate court affirmed a trial verdict finding the defendant liable - they negligently failed to meet their legal duty of reasonable care, and that the resulting injury was a foreseeable result. The Ortiz case arose in Chicago, an urban setting obviously. Two more recent cases further clarified the law of tree liability - for trees next to a road, and for trees located on a park-like property, such as a private golf club. In Belton v. Cook County Forest Preserve District , the plaintiff sued the District after a tree fell on on his car as he was driving on a road adjacent to the forest preserve. The trial court had granted summary judgment for the D...

This is a continuation of my previous post on the topic of renewable energy project contracts.  The first post focused on contract drafting and review concerns for landowners to note. Again, wind and solar projects in particular have been moving forward through local government approvals lately.  Since my first post, the McLean County Board has, on a 10- 8 vote, followed the recommendation of its Zoning Board of Appeals and approved one wind proposal.  See this recent article from the Bloomington Pantagraph . In this post, I want to focus particularly on one of the contract issues I mentioned last time, as it affects certain third parties - namely, contract provisions regarding liens and lien rights that are within the easement agreement / lease.  These provisions typically indicate that the renewable energy system is personal property and not an improvement to the real property itself, and that as such will be exempt from the Mechanics Lien Act .  Thi...

Illinois appears to be undergoing a resurgence in renewable energy projects, in the form of wind farms and now solar farms.    It's only a month into 2018, and McLean County, Illinois has had several such projects in the news, from at least three different energy companies (both wind and solar).  The Bloomington Pantagraph  newspaper calls it a " renewable energy boom ."  The news has primarily been about local government land use hearings, at which evidence is heard regarding the effects and economic benefits of such projects.  There's some opposition being raised for various reasons, with the economic development of the projects and the big picture benefits of renewable energy raised as supporting arguments.  I'm not here to debate all that. These projects can be critical to landowner farmers and their families as a revenue stream that is not tied to the ups and downs of agricultural markets, but also can be realized without having to give up...

As part of my practice I help clients buy and sell real estate, including residential real estate.  The question often comes up of why are lawyers necessary in this process.  After all, isn't the lawyer "just going with you to the closing?" This is a common misconception that is actually exacerbated when the lawyers do their jobs well, "making it look easy."  In reality, much of the lawyer's job, particularly the attorney for the seller, is done in advance of closing, behind the scenes.  For example, reviewing or drafting the contract, ordering or reviewing title insurance reports to ensure clean title will be conveyed, and preparing some of the documentation that will be signed and exchanged at closing.  These are the standard steps. In addition to the standard stuff, there is also the conflict avoidance/resolution aspect, helping the parties sort through the issues that seem to arise in many if not most such transactions.  These include issues with b...

I just  posted  a few days ago about the Illinois implied warranty of habitability and the recent case of  Fatah v. Bim , which found that contractors can be liable for a claim of warranty breach by a subsequent homeowner, not the initial buyer, even when the initial buyer signed a waiver with the builder.   The implied warranty is again  in the news  today, for a  second Illinois appellate case , this time about whether the warranty extends to architects for alleged design flaws.  The court held that the warranty addresses the construction itself, not design, and therefore found the warranty did not extend to the architect.   The case is also significant for the court's consideration of warranty disclaimer language in the contracts signed by the buyers, as to potential liability of the developer and other defendants.  The court found the disclaimer, which was in all caps, was sufficiently conspicuous as a matter of law, and that th...

Illinois recognizes an implied warranty of habitability by the builder-seller of a new construction home to the buyer, that the home will be suitable for habitation.  This warranty is breached when (1) there are hidden, latent defects in or around the residence, that (2) interfere with the dwellers' use of the residence. See  Board of Directors of Bloomfield Club Recreation Association v. Hoffman Group, Inc . Builders can disclaim this implied warranty and buyers can waive it, by an express written agreement, provided that the disclaimer specifically references the implied warranty of habitability, the disclaimer language is brought to the purchasers' attention, as well as the consequences of waiver, and the purchasers knowingly waive their right to pursue any action for breach of the implied warranty of habitability.  This is often coupled with a replacement, express warranty from the builder (for example, to fix any defects within the first year after construction). ...

The new property tax assessments were published in The Pantagraph (Bloomington, IL newspaper) the other day (see the paper or the county website to check your specific township). Every year we get calls, particularly in January and when the new tax bills go out in the spring, about this. Assessments can ONLY be challenged within 30 days of public notice, so the deadline to appeal this assessment is September 24 (see the website below for more on specific rules for that deadline and what must be done)! Please share this and let others know, anyone whose tax bill/assessment is out of whack has a very short time window to appeal (even if you don't get anything in the mail, printing this in the paper is legally all the notice they have to give you). If you wait until the actual bill comes out, that is too late!! Any questions you can either call my office or your lawyer, or see the  McLean County Assessor  page for more information.   Nate Hinch is an attorney and part...

This post has been updated.  See the new post here . Lawyers are often asked about liability issues regarding trees along neighboring properties.  Depending on which neighbor is asking, the question goes like this: A.   I own a tree that has branches extending over my neighbor's property.  My neighbor wants me to cut it down or trim it back.  Do I have to do so?  If the branches break and fall, am I responsible for damage caused to my neighbor's property (or injuries)? or B.  My neighbor's tree has branches that extend over my property.  I have asked them to cut it down or trim it back, but they refuse to do so. What recourse do I have? The general rule is if you own the tree, you own the limbs, and if the tree limbs extend off your property onto your neighbor's property, your neighbor has a right to remove those limbs up to the property line.  Secondly, if a tree is on your property and a limb falls from that tree and damages your ...