$40 million lawsuit dismissed

Suit was holding up condo closings, says defendant

Judge calls complaint “improper,” gives plaintiffs 28 days to re-file

December 23, 2008 – A $40 million lawsuit against Marina Towers Condominium Association and two commercial entities at Marina City was dismissed Tuesday morning. Circuit Court Judge Lawrence O’Gara called the complaint “improper” and gave the plaintiffs 28 days to re-file, preferably with the assistance of an attorney.

Edie and Joseph Mathers, owners of four condominium units at Marina City, filed the lawsuit on their own on October 1. They were suing System Parking for $20 million, Transwestern Commercial Services for $10 million, and Marina Towers Condominium Association for $10 million. The complaint was over parking-related disputes and an incident in 2006 that resulted in Mathers being arrested.

(Left) Photo of Edie Mathers from her web site, Marina City Chicago Gift Shop Gallery.

Representing System Parking, Daniel B. Meyer of O’Hagan Spencer LLC filed an “emergency motion” on December 19. When the motion was heard in court on Tuesday, Meyer told Judge O’Gara that due to the lawsuit, prospective buyers of condo units at Marina City were waiting for the litigation to be settled before closing on their purchases.

Meyer’s motion for dismissal, filed on November 14, called the complaint “substantially insufficient in law.”

Another issue was the amount of the claim, substantially more than the $30,000 limit for civil cases in the Municipal Department – a division of the Circuit Court of Cook County – where the case was transferred on November 19.

Mathers asked the judge for 28 days so she could find an attorney, and showed him two letters she said were from lawyers interested in representing her. The judge, however, recommended she find an attorney first, then re-file the complaint.

While listening to her describe how she filed the lawsuit, the judge asked Mathers if she had any legal training. She said she had no training and had not taken any classes.

Mathers expressed frustration to the judge, telling O’Gara, “We’ve been bamboozled throughout this process.”

Judge O’Gara scolded Mathers for filing a $40 million lawsuit without an attorney but wished her “good luck” before dismissing the complaint. ”You seem to have a grip on what you need to do,” he told her.

Also present were former state representative and MTCA attorney Ellis Levin, who declined to speak with Marina City Online after the hearing, and John Leonard, a real estate lawyer and husband of MTCA president Donna Leonard.

CORRECTION: In the December 16 article, Parking disputes lead to $40 million lawsuit by Marina City residents, the outcome of a 2004 lawsuit filed by Mathers was incorrectly stated. According to MTCA attorney Ellis Levin, the lawsuit was dismissed on July 19, 2004.