The Department of Transpartation v. Singh

State: Illinois

Court: 2nd District Appellate

Docket No: 2-08-0286 Rel

Case Date: 07/31/2009

Preview:No. 2--08--0286 Filed: 7-31-09 _________________________________________________________________________________ IN THE APPELLATE COURT OF ILLINOIS SECOND DISTRICT _________________________________________________________________________________ THE DEPARTMENT OF TRANSPORTATION, ) Appear from the Circuit Court ) of Kane County. ) Plaintiff, ) ) v. ) No. 05--ED--10 ) PRITPAL SINGH, ) ) Defendant-Appellant ) ) (BP Products of North America, Inc., and ) Honorable Amoco Oil Company, Defendants-Appellees; ) Michael J. Colwell, Unknown Owners, Defendants). ) Judge, Presiding. _________________________________________________________________________________ JUSTICE O'MALLEY delivered the opinion of the court: Pritpal Singh (Singh) appeals from the denial of his motion for apportionment of an award received by BP Products of North America and Amoco Oil Company (BP)1 upon the condemnation of property that was owned by BP and leased by Singh. We affirm. BACKGROUND The following facts are undisputed. In April 2002, Singh signed a lease and franchise agreement (lease agreement) with BP for the operation of a filling station at the corner of North Avenue and Randall Road in St. Charles. The lease agreement was for the period from July 1, 2002, through June 30, 2005. In December 2003, the Illinois Department of Transportation (IDOT) gave
1

BP Products of North America, Inc., is successor in interest to Amoco Oil Company.

No. 2--08--0286 BP 60 days' notice of IDOT's intent to commence formal proceedings for condemnation of a portion of the leased premises. In January 2004, BP sent notice to Singh that it was terminating the lease agreement, "effective (10) days prior to the date of condemnation or date of sale in lieu of condemnation." On April 9, 2005, IDOT filed a complaint to condemn part of the leased premises. Both BP and Singh were named in the suit, along with others. On June 2, after a quick-take hearing, the trial court awarded $823,000 in preliminary just compensation. On June 3, BP sent Singh a letter declaring the lease agreement terminated as of June 17. On June 22, IDOT deposited $823,000 with the Kane County treasurer and was vested with title to the property. In September 2005, Singh filed a motion for apportionment under the Petroleum Marketing Practices Act (PMPA) (15 U.S.C.

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