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City says appellate argument held in New Chapter Group demolition appeal; decision expected in weeks
Summary
City attorney updated the council that the Fourth District appellate court heard oral argument in New Chapter Group's appeal of a demolition order and that a decision is expected within two weeks to two months.
The South Beloit City Council was briefed April 7 on pending appellate litigation filed by New Chapter Group, the property owner who appealed a trial court’s demolition order and municipal fines.
The city’s attorney summarized the appeal process and told the council that New Chapter Group’s effort to delay oral argument was denied and that “the oral argument was held on Wednesday.” The city advised the court that no bond or stay was posted and that the demolition has been completed, the attorney said.
The attorney added that questions from the three-judge panel focused more on the amount of fines awarded by the trial judge than on the city’s proof at the four-day trial to support demolition. The city expects a decision from the appellate court in “somewhere in that neighborhood” of two weeks to two months.
The attorney also reported the city will proceed with a sheriff’s foreclosure sale scheduled May 1 for unpaid sewer, mowing and other municipal charges; the city has recorded a demolition lien for its expenses. The attorney said a tax buyer who purchased three years of taxes could petition the court for a tax deed and that the city has informed the tax buyer of the pending foreclosure to allow the buyer to seek return of funds if appropriate.
No further action was taken at the meeting; the city will notify the council when the appellate decision is issued.
