David L. LaPorte obtained a favorable judgment on behalf of a developer of a six-unit condominium building in Lincoln Park. The plaintiff owned land adjacent to the development and alleged that the development was improperly excavated, backfilled, and graded, and that these deficiences were causing significant damage to his property.
The plaintiff sought a mandatory injunction against the condominium association to repair the property, and introduced expert testimony that repair of the property required a steel reinforced cement retaining wall extending down to the frost line and across the entire property line.
The condo association brought an action for indemnification against our client, the developer.
Athough the trial court ruled that the plaintiff was entitled to a mandatory injunction, the trial court rejected the plaintiff's expert's testimony that a steel reinforced retaining wall was needed and accepted the testimony of our expert, that the problem could be corrected with relatively inexpensive railroad timbers. Most importantly, the trial court ruled that our client had no obligation to indemnify the condo association.
