Prenam No. 2, Inc. v. Village of Schiller Park

Defendant Village of Schiller Park (the Village) appeals the circuit court order granting plaintiff Prenam No. 2, Inc.’s 1 motion to vacate a prior court order that dismissed plaintiff’s fifth amended complaint against the Village, contending that plaintiff failed to satisfy the requirements for relief under section 2 — 1401 of the Code of Civil Procedure. 735 ILCS 5/2 — 1401 (West 2004) (the Code). Specifically, the Village asserts that plaintiff failed to state new facts that were not of record and failed to demonstrate due diligence. We reverse.

In November 2003, plaintiff filed a complaint…