Terrill v. Oakbrook Hilton Suites & Garden Inn

Defendant, Oakbrook Hilton Suites and Garden Inn, appeals the denial of its motion to involuntarily dismiss with prejudice the complaint brought by plaintiff, Cathy Terrill. Defendant contends that the trial court erred in concluding that section 3(f) of the Hotel Operators’ Occupation Tax Act (Act) (35 ILCS 145/3(f) (West 2000)) barred plaintiff from directly suing defendant.

The pleadings, affidavits, depositions, and exhibits establish the following undisputed facts. Plaintiff rented a room from defendant for the night of November 25, 1999. The sign-in form states that rates are “subject to…