Kovilic v. City of Chicago

The plaintiffs, Nikola and Maryann Kovilic (the Kovilics), filed a two-count complaint for declaratory judgment and for other relief against the defendant, the City of Chicago (City). Count I sought a determination of the parties’ rights and interests in a building at 5642 South Central Avenue, Chicago, Illinois, based upon common law property principles. Count II sought damages for unjust enrichment. In response, the City filed a hybrid motion to dismiss based upon sections 2 — 615 and 2 — 619 of the Illinois Code of Civil Procedure, 735 ILCS 5/2 — 615, 2 — 619 (West 2000). Following a…