Filed 2/27/09 NO. 4-08-0409
IN THE APPELLATE COURT
OF ILLINOIS
FOURTH DISTRICT
QUINCY MALL, INC., an
Ohio Corporation,
Plaintiff-Appellant,
v.
KERASOTES SHOWPLACE THEATRES, LLC, a
Delaware Limited Liability Company,
Defendant-Appellee.
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Appeal from
Circuit Court of
Adams County
No. 05L72
Honorable
Mark A. Schuering,
Judge Presiding.
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JUSTICE STEIGMANN delivered the opinion of the court:
In December 2005, plaintiff, Quincy Mall, Inc. (herein-after
the Mall), sued defendant, Kerasotes Showplace Theatres,
LLC (hereinafter Showplace), to recover unpaid rent due under the
parties' commercial lease. In May 2008, the trial court granted
summary judgment in favor of Showplace.
The Mall appeals, arguing that by granting Showplace's
motion for summary judgment, the trial court erroneously (1)
imposed on the Mall, as a commercial landlord, a duty to replace
its tenant's roof and (2) allowed Showplace to set off rental
payments after Showplace replaced the roof. Because we conclude
that the trial court did not err in either regard, we affirm.
I. BACKGROUND
In November 1978, the Mall entered into a 30-year
commercial lease with Dickinson, Inc. (hereinafter Dickinson)--a
movie theater business--under which Dickinson would occupy the
