Garden View, L.L.C. v. Fletcher

State: Illinois

Court: 1st District Appellate

Docket No: 1-08-1077 Rel

Case Date: 08/27/2009

Preview:FOURTH DIVISION August 27, 2009 1-08-1077

GARDEN VIEW, LLC, Plaintiff-Appellee, v. LEON FLETCHER, Defendant-Appellant.

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Appeal from the Circuit Court of Cook County No. 07 M1 712958 Honorable Sheldon C. Garber, Judge Presiding.

JUSTICE STEELE delivered the opinion of the court: Plaintiff, Garden View, LLC1 (Garden View), filed a forcible entry and detainer complaint seeking an order of possession for the apartment that defendant, Leon Fletcher, leased after illegal drugs were found in his apartment. Following a bench trial, 2 the trial court entered the order of possession, finding that Fletcher had violated his lease. Fletcher appeals from the judgment, asserting that the trial court: (1) applied the incorrect standard in determining whether Garden View properly terminated his lease; (2) improperly allowed Garden View to call Fletcher as an adverse witness without prior notice and in violation of an in limine order; and (3) erroneously failed to provide for an official court reporter to transcribe the trial proceedings under the

1

AidsCare, Inc. is the parent company of Garden View. The record refers to Garden

View as Garden View or AidsCare. For our purposes, we will refer to plaintiff as Garden View.
2

Before the trial began, the parties stipulated to a bench trial although Fletcher filed a jury

demand.

1-08-1077 statutory cost waiver due to his indigent status. For the following reasons, we affirm the trial court's judgment. BACKGROUND Garden View is a not-for-profit organization that provides subsidized housing for individuals living with HIV/AIDS and their families in Chicago. Garden View receives funding pursuant to its delegate agency agreement (Agreement) with the Chicago Department of Public Health (CDPH). The funding comes through a federal program administered by the United States Department of Housing and Urban Development (HUD) and known as the "Housing Opportunities for Persons with AIDS" (HOPWA) (42 U.S.C.

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