AUI CONSTRUCTION GROUP, LLC, Plaintiff-Appellant,
v.
LOUIS J. VAESSEN, in His Capacity as Trustee of the Louis J. Vaessen Trust Dated 6/24/2003 ½ Interest; CAROL A. VAESSEN, in Her Capacity as Trustee of the Carol A. Vaessen Trust Dated 6/24/2003 ½ Interest; GSG 7, LLC; CLIPPER WINDPOWER, LLC; POSTENSA WIND STRUCTURES US, LLC; ROCK RIVER READY MIX, INC.; ILLINOIS TRUCK AND EQUIPMENT COMPANY, INC.; CUMMINGS ELECTRICAL, INC.; KR WIND, INC., d/b/a Mammoet Wind, Inc.; UNKNOWN OWNERS; and NONRECORD CLAIMANTS, Defendants (Louis J. Vaessen, in His Capacity as Trustee of the Louis J. Vaessen Trust Dated 6/24/2003 ½ Interest; Carol A. Vaessen, in Her Capacity as Trustee of the Carol A. Vaessen Trust Dated 6/24/2003 ½ Interest; GSG 7, LLC; Clipper Windpower, LLC; Postensa Wind Structures, US, LLC; Rock River Ready Mix, Inc.; Illinois Truck and Equipment Company, Inc.; Cummings Electrical, Inc.; Unknown Owners; and Nonrecord Claimants, Defendants-Appellees).
Appellate Court of Illinois, Second District.https://leagle.com/images/logo.png
Filed November 9, 2016.
Filed November 9, 2016.
Attorney(s) appearing for the Case
Carolyn L. Morehouse, Chad J. Shifrin, and Daniel S. Brennan, of Laurie & Brennan LLP, of Chicago, for appellant.
Riccardo A. DiMonte and Ryan R. Van Osdol, of DiMonte & Lizak, LLC, of Park Ridge, for appellees Louis J. Vaessen and Carol A. Vaessen.
Douglas E. Lee, of Ehrmann, Gehlbach, Badger, Lee & Considine, LLC, of Dixon, for appellee GSG 7, LLC.
James E. Morgan, of Howard and Howard, of Chicago, for appellee Clipper Windpower, LLC.
No brief filed for other appellees.
John S. Mrowiec and Timothy R. Conway, of Conway & Mrowiec, of Chicago, for amicus curiae Associate General Contractors of America et al.
Garrett L. Boehm, Jr., and Nicholas R. Lykins, of Johnson & Bell, Ltd., of Chicago, and Eric B. Travers, of Kegler Brown Hill & Ritter Co., LPA, of Columbus, Ohio, for amicus curiae American Subcontractors Association, Inc.
Eugene Grace and Gene Grace, of Washington, D.C., amicus curiae American Wind Energy Association.
Justices McLaren and Jorgensen concurred in the judgment and opinion.
OPINION
PRESIDING JUSTICESCHOSTOK delivered the judgment of the court, with opinion.
¶ 1 The instant controversy arises from a wind energy system that was developed by GSG 7 and built on the property of Louis and Carol Vaessen. After the tower was completed, one of the subcontractors that worked on the tower, AUI Construction Group...
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