Sarkisian v. Bahramis

1 Citing case

  1. Parkway Bank v. Bahramis

    2020 Ill. App. 190930 (Ill. App. Ct. 2020)

    Paragraph 16 of Count II alleges that "[a]s the Declaration *** provides that the right of first refusal is exercisable during a thirty (30) day period following receipt of notice, it contemplates that any such exercise will delay the closing of a sale of [Unit 10]" and thus, "this provision does not envision, and should not be allowed to cause ongoing, open-ended damage to the seller of a unit *** by indefinitely delaying a sale due to a dispute between competing adjoining unit owners." Paragraph 17 of Count II, on the other hand, suggests that there may be some sort of bad faith involved in pursuing this litigation as counter-defendants have a history of "enmity and litigation" as evidenced by a similar dispute before this court involving the counter-defendants as to who had a superior right to another unit (see Sarkisian v. Bahramis, 2017 IL App (1st) 161483-U). Paragraph 18 explains that it would be "inequitable to allow [Parkway] and/or Unit 10 beneficial owners to be subjected to ongoing, open-ended, and potentially repetitive damage and delay in the sale *** without a mechanism for ensuring appropriate protection for and compensation to them."