Construx of Illinois Inc. v. Kaiserman
Case Date: 12/10/2003
Court: 4th District Appellate
Docket No: 4-03-0136 Rel
NO. 4-03-0136
JUSTICE STEIGMANN delivered the opinion of the court: In December 1999, plaintiff, Construx of Illinois, Inc.(Construx), sought to foreclose and enforce a mechanic's lienagainst property located at 302, 304, and 306 East WashingtonStreet in Springfield (subject property). In May 1999, whenConstrux entered into an agreement with John Shipley to make certain improvements to the building located on the subjectproperty, the property was under an installment sale contractbetween Shipley, as the purchaser, and defendant Bette Kaiserman,both individually and as a trustee, and her sons, defendantsDonald L. Kaiserman and Herbert A. Kaiserman, as owners. Following an October 2002 bench trial, the trial court entered an orderforeclosing and enforcing Construx's mechanic's lien. The Kaisermans appeal, arguing that (1) the trial courterred by determining that they, as sellers under the installmentsale contract, were "owners" under section 1 of the MechanicsLien Act (Act), as opposed to lienholders under section 16 of theAct (770 ILCS 60/1, 16 (West 1998)); (2) section 16 of the Act,as applied, violates the equal protection clauses of the UnitedStates (U.S. Const., amend. XIV) and Illinois Constitutions (Ill.Const. 1970, art. I, |