State Building Venture v. O'Donnell

State: Illinois

Docket No: 108673 Rel

Case Date: 11/18/2010

Preview:Docket No. 108673.

IN THE SUPREME COURT OF THE STATE OF ILLINOIS

STATE BUILDING VENTURE, Appellee, v. MAUREEN O'DONNELL, as Acting Director of the Illinois Department of Central Management Services, Appellant. Opinion filed November 18, 2010.

CHIEF JUSTICE KILBRIDE delivered the judgment of the court, with opinion. Justices Freeman, Thomas, Garman, Karmeier, Burke, and Theis concurred in the judgment and opinion.

OPINION State Building Venture (SBV) entered into a lease with the Illinois Department of Central Management Services (CMS) for space in the James R. Thompson Building (Thompson Center) in Chicago. The lease provided for an initial 15-year term, subject to nine 5-year renewals. The issue in this appeal is whether SBV's claim for declaratory judgment is barred by collateral estoppel, by sovereign immunity or, whether the enabling statute requires the Director to determine whether the lease is in the best interests of the state at the time of each renewal.

This is the second case filed by SBV seeking a declaration of its rights under the lease. The circuit court of Cook County denied CMS's motion to dismiss count III of the complaint and entered judgment for SBV on the pleadings. The appellate court affirmed. 391 Ill. App. 3d 554. This court granted CMS's petition for leave to appeal. 210 Ill. 2d R. 315. We reverse and remand with instructions. I. BACKGROUND The enabling statute for leasing commercial space in the Thompson Center provides, in relevant part: "Portions or all of the commercial space, which includes the sub-basement, storage mezzanine, concourse, and ground and second floors of the James R. Thompson Center *** may be leased *** for terms not to exceed 15 years subject to renewals when in the judgment of the Director those leases or subleases will be in the best interests of the State." 20 ILCS 405/405

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