Midwest Bank & Trust Co. v. Village of Lakewood

Landowners’ complaint against the village of Lakewood and its president and trustees was dismissed by the trial court upon defendants’ oral motion at the commencement of the trial. Because the motion was improperly considered, we reverse the dismissal of the complaint as against the village and remand. We affirm, however, the dismissal of the complaint as against the other defendants on the basis that it failed to state a cause of action.

Plaintiffs are owners of real property in the village of Lakewood (village). Plaintiffs’ complaint alleges that the village, through its agent, had filed a…