Village of Kirkland v. Kirkland Properties Holdings Co., LLC I

Summary

The Illinois Supreme Court held that purchasers of portions of property governed by a recorded annexation agreement may be successor owners bound by the agreement, even when the agreement does not expressly say that it applies to portions of the property. Because the complaint adequately alleged that defendants were proportionally responsible for unfinished roadway obligations, dismissal under section 2-615 was improper, the attorney-fee award had to be vacated, and the specific-performance claims remained viable. The court also held that the Village’s later notice of appeal sufficiently invoked appellate jurisdiction.