Schuyler, Roche & Crisham, P.C. Successfully Defends Beer Company In Rooftop Ad Spat

Thomas M. Crisham, Thomas W. Mulcahy, Clare J. Quish and Michael J. Faley successfully defended two consolidated appeals on behalf of Anheuser-Busch, Incorporated and Busch Media Group, Incorporated ("ABI"). Anheuser-Busch, Inc. v. 3701 North Kenmore, LLC, Nos. 1-09-2715, 1-10-3550 (Ill.App.Ct. First Dist., Sept. 6, 2011). The appeals involved ABI's lease of a rooftop overlooking Wrigley Field. At one point during the lease agreement, Kenmore improperly covered up ABI's advertisement on that rooftop during a Cubs-Cardinals game. Kenmore filed a forcible entry and detainer action against ABI, seeking to remove ABI's advertisement before the end of the lease term. ABI then filed a complaint for declaratory judgment and received emergency injunctive relief requiring Kenmore to remove the tarp obstructing ABI's advertisement and preventing Kenmore from interfering with ABI's ad. ABI successfully moved to dismiss Kenmore's action and obtained summary judgment in its favor in its declaratory judgment suit. As the prevailing party in the litigation, ABI was awarded nearly $279,000 in attorney fees pursuant to a fee shifting provision in the lease agreement.

The Illinois Appellate Court, First District, rejected all of Kenmore's arguments on appeal and affirmed the circuit court's rulings in ABI's favor. The appellate court also affirmed the award of attorney fees to ABI in the amount of $278,699.39.

For a copy of the appellate decision, click here.

For a copy of the Chicago Daily Law Bulletin article about this case, click here.

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