Harris Bank St. Charles v. Weber

JUSTICE HUTCHINSON,

specially concurring:

I agree with the majority’s order disposing of the Trust’s appeal in this matter. However, I believe that this court has an obligation to provide certain instructions on remand because I do not agree that the amendment in question (735 ILCS Ann. 5/12 — 112 (Smith-Hurd Supp. 1998)) is clear and unambiguous on its face.

The 1997 amendment adds the dimension of intent to the statutory authority. I acknowledge that the determination of intent is within the province of the trier of fact. See, e.g., Edward M. Cohon & Associates, Ltd. v. First National Bank,…