Vernon Hills III Limited Partnership v. St. Paul Fire & Marine Ins. Co.

PRESIDING JUSTICE GEIGER

delivered the opinion of the court:

The defendant and counterplaintiff, Bucon, Inc. (Bucon), appeals from the April 23, 1996, order of the circuit court of Lake County granting summary judgment in favor of the plaintiff and counterdefendant, Vernon Hills III Limited Partnership (VHLP), on its claim for declaratory judgment. The trial court ruled that Bucon forfeited its mechanic’s lien by failing to commence an action to foreclose the lien within 30 days after receipt of VHLP’s written demand to sue, as required by section 34 of the Mechanics Lien Act (the Act) (770…