Village of Clarendon Hills v. Mulder

PRESIDING JUSTICE McLAREN

delivered the opinion of the court:

After a hearing, the trial court granted Burke & Ryan’s petition to withdraw attorney fees from a condemnation fund. On appeal the mortgage lien holder, Arthur G. Jaros, Sr., argues that the trial court erred in granting Burke & Ryan’s motion to withdraw attorney fees because: (1) the fund doctrine does not apply to the facts of this case; (2) the appellant has a superior lien on the fund; and (3) compelling equities do not outweigh the first-in-time priority lien rule. We agree with the mortgagee and reverse.

The following facts are…