Rock Fusco & Connelly, LLC obtained a major victory in a highly publicized case for one of its clients, Park View Montessori School, after a local school district threatened to evict Park View from its current location after 43 years of operation.
Park View is a private Montessori school in Mt. Prospect, Illinois, with over 60 students from the ages of six weeks, to six months old. Park View has continuously leased the property owned by the River Trails Elementary School District 26 since 1976. Park View and the district maintained an excellent relationship for many years. However, in May, the district wrongfully terminated the parties lease and attempted to evict Park View from its premises.
After given only two months to vacate the premises, Park View Montessori School retained the attorneys of Rock Fusco & Connelly, LLC, to defend it in the eviction matter. Attorneys Andrew Grill, Brittany Johnson, and Patrick Moran immediately engaged in negotiations with the school district to enforce the lease between Park View and the school district. Despite negotiations, the district filed suit in the Circuit Court of Cook County to evict Park View from the premises. After extensive discovery, the district moved for summary judgment – a judgment on the merits of the case. The attorneys of RFC filed a cross-motion for summary judgment, asserting the district’s breach of the lease.
The Circuit Court ruled in favor of Park View, granting its motion for summary judgment, and denying the district’s motion. Judge James P. Pieczonka determined that Park View’s interpretation of the lease was correct, and that the lease was valid for at least one more year. The granted motion also established that the district violated its lease, entitling Park View to monetary damages that may be proved at trial. Park View’s estimated damages are currently in the millions of dollars, due to lost enrollment and costs from attempting to enter a new lease agreement for the Montessori school at an alternative location.
Ultimately, the work of the RFC attorneys prevented numerous families from losing their children’s school and Park View employees from losing their jobs. RFC will seek to finalize this dispute in the near future with a large settlement in favor of Park View. In the event that a settlement is not reached, the attorneys of RFC will seek damages for Park View at trial.