Vedder,Price, Kaufman & Kammholz, Chicago (Richard F. Zehnle, Diane M. Kehl, JamesV. Garvey, of counsel), for Plaintiff–Appellant. Rudnick & Wolfe, Chicago(Gerald B. Lurie, Tracy L. Bradford, of counsel), for Defendant–Appellee LoeberMotors, Inc. Fuchs & Roselli, Ltd., Chicago (Paul Hansfield, Mark H.Schiff, of counsel), for Defendant–Appellee Liberty Buick Co., Inc. Crivello,Carlson, Mentkowski & Steeves, S.C., Milwaukee, WI (Patrick L. Wells, JamesH. Hauser, Adam Loeber, of counsel), for Defendant–Appellee KrumpholzChevrolet–Buick, Inc. d/b/a Crossroads Chevrolet–Buick.
Plaintiff,Bank One, Milwaukee, N.A. (Bank One), filed a complaint in chancery againstseveral automobile dealerships, namely, Loeber Motors, Liberty Buick, BobKrumpholz Chevrolet–Buick, Adam Loeber, McHenry Jeep–Eagle, Perillo BMW,Perillo Lincoln–Mercury, and Highland Park Lincoln–Mercury (hereinafter thedealers or defendants). Byfiling its complaint, Bank One sought to enjoin the dealers from repossessingten vehicles and a declaratory judgment establishing Bank One as the rightfulowner of said vehicles. Thetrial court issued a temporary restraining order against the defendants inorder to preserve the status quo. After the parties exchanged documents and deposed witnesses, both Bank One andthe defendant dealers filed cross-motions for summary judgment. The trial court denied Bank One'smotion for summary judgment, but granted summary judgment in favor of thedealers and awarded them damages. Bank One then filed this appeal.
Thematerial facts are not in dispute. Bank One's business activities include thepurchasing of motor vehicles and the leasing of said vehicles to consumers. To this end, Bank One enters into“dealer agreements” with new car dealers. Pursuant to these agreements, the dealersundertake to arrange lease financing through Bank One for their customers. Essentially, the dealers find thelessee, order the car to be leased (or locate it in their auto lot), set up thelease terms and then present the entire package to Bank One. Once the dealerpresents the proper documentation. For more visit https://adamloeberchicago.blogspot.com
