State of Illinois United States of America County of Du Page
In the 18th Judicial Circuit Court
Village of Lombard,
Gardenia C. Hung and Robert S. Hung, Trustees of the Trust Agreement Designated as the Roberto Hung Supplemental Care Trust, Jeffrey D. Papendick, a tax-purchaser, and non-record claimants and unknown users
Case No.:2007CH001284 Consolidated
Case No.:2006OV005982, LO25448NT;
Case No.:2006OV005983, LO25449NT;
Case No.:2006OV004446, LO12418NT; LO12419NT
NOTICE OF FILING MOTION
DEFENDANTS’ THIRD AMENDED RESPONSE/ANSWER TO SUMMONS.
DEFENDANTS’ MOTION FOR AN ORDER TO REPAIR THE SUBJECT PROPERTY WITH A MOTION FOR A THIRD OBJECTION TO THE VERIFIED COMPLAINT FOR DEMOLITION AND FOR INJUNCTIVE RELIEF PURSUANT TO ACTION FOR INVERSE CONDEMNATION, CONSUMER SERVICE FRAUD, CONVERSION OF REAL PROPERTY AS AN ACCESS TO CRIME.
MOTION TO COMPEL ORDER TO REPAIR
Hearing Date: March 19, 2008, 9:00 AM
Second Objection: January 24, 2008
Objection Filed: November 26, 2007
Attn. Judge Kenneth L. Popejoy, Chancery Division To: Honorable Circuit Court Clerk
18th Judicial Circuit Court Mr. Chris Kachiroubas
505 North County Farm Road 505 North County Farm Road
Wheaton, Illinois 60189-0707 USA Wheaton, IL 60187 USA
CC: Mr. Howard C. Jablecki, et al. Attn. Zees Group Services
Law Firm of Klein, Thorpe and Jenkins, Ltd. ZSC Insurance Restoration Svces. LLC
Attorneys for the Plaintiff 6850 West Montrose Avenue
20 North Wacker Drive, Suite 1660 Hardwood Heights, Illinois 60706-7192
Chicago, Illinois 60606-2903 USA Tel. 708/867-7676, Fax: 708/867-6868
Tel. 312/984-6400, Fax: 312/984-6444 To Whom It May Concern
NOTICE OF FILING MOTION
YOU ARE HEREBY NOTIFIED THAT on the 19th day of March, in the year 2008, I shall appear before Judge Kenneth L. Popejoy or any other judge as may be holding court in his/her absence, at 9:00 a.m., in Room 2005, located at the Du Page County Judicial Center, 505 North County Farm Road, Wheaton, Illinois and then and there present the following:
DEFENDANTS’ THIRD AMENDED RESPONSE/ANSWER TO SUMMONS.
DEFENDANTS’ MOTION FOR A THIRD OBJECTION TO THE VERIFIED COMPLAINT FOR DEMOLITION AND FOR INJUNCTIVE RELIEF PURSUANT TO THE CONSTITUTION OF THE STATE OF ILLINOIS, PREAMBLE, ARTICLE I, BILL OF RIGHTS, AND THE CONSTITUTION OF THE UNITED STATES OF AMERICA, UNDER THE DOCTRINE FOR INVERSE CONDEMNATION, CONSUMER SERVICE FRAUD, CONVERSION OF REAL PROPERTY, AND DISCRIMINATION.
Now comes Gardenia C. Hung as PRO SE to submit the Defendants’ Motion for a Third Objection to the Verified Complaint for Demolition and for Injunctive Relief, pursuant to the Constitution of the State of Illinois, Preamble, Article I, Section 1, about Inherent and Inalienable Rights, in the Bill of Rights which state the following:
We, the People of the State of Illinois—grateful to Almighty God for the civil, political, and religious
Liberty which He has permitted us to enjoy and seeking His blessing upon our endeavors—in order to
Provide for the health, safety, and welfare of the people, maintain a representative and orderly
government; eliminate poverty and inequality; assure legal, social, and economic justice; provide
opportunity for the fullest development of the individual; insure domestic tranquility; provide for the
common defense and secure the blessings of freedom and liberty to ourselves and our posterity
--do ordain and establish this Constitution of the State of Illinois.
Article 1, Section 1, Inherent and Inalienable Rights
All men are by nature free and independent and have certain inherent and inalienable rights among
which are life, liberty, and the pursuit of happiness. To secure these rights and the protection of property,
governments are instituted among men, deriving their powers from the consent of the governed.
Defendants hereby present an affirmative defense with this Third Motion for Objection to the Verified Complaint for Demolition and for Injunctive Relief, subsequent to the doctrine of inverse condemnation, consumer service fraud, conversion of real property as an access to crime set up by the Plaintiff, the Lombard Police Department, the Carpenters, and other accomplices in the Village of Lombard, and reasons for discrimination and abuse of the Defendants’ fundamental rights, civil rights, residential rights, homeowners’ rights, personal rights, and constitutional rights in the State of Illinois.
Plaintiff as the Village of Lombard, et al. has taken and/or damaged the Lombard Historical Brick Bungalow, P.I.N. No. 06-09-314-038, owned by the Estate of Mr. Roberto Hung Supplemental Care Trust and the Hung Family, during the course of municipal services in Du Page County, without authorization from Gardenia C. Hung, et al., without the Plaintiff or Counsel requesting legal power of attorney, without providing just compensation to the Defendants, by law, only for the Plaintiff’s own intent and public purposes; unbeknownst to Gardenia C. Hung and Family—all of which have caused damages and losses to private real estate property owned by the Hung Family, at losses in excess of $50,000—disregarding the homeownership interest that Gardenia C. Hung has in this Lombard Historical Brick Bungalow, built during 1927 for the Lilac Festival and the anniversary of Lilacia Park, in Du Page County, Illinois, USA.
Please Take Notice of the Following:
· Defendants have ownership interest with three (3) warranty deed titles registered by the Du Page County Recorder of Deeds in Wheaton, Illinois for the Lombard Historical Brick Bungalow purchased with cash retirement funds by the late Mr. Roberto Hung, J.D. and eldest daughter Gardenia C. Hung, M.A. (Ref. County of San Diego v. Miller (1975) 13 Cal. 3d, 684.)
· Plaintiff as the Village of Lombard, an Illinois Municipal Corporation, et al., All Employees, that is to say, the Lombard Police Department, Fire Department, Public Works, Water Department and Sewage Services have engaged in “public” activities and/or projects, trespassing, access to crime, unauthorized access entries, involving breach of service contracts, negligence per se, “bad faith”, consumer service fraud, heinous hate crimes, and discrimination which have damaged the subject real estate property during the course of services rendered, as an access to crime and under the doctrine of inverse condemnation. (Ref. Stoney Creek Orchards v. State (1970) 12 Cal. App. 3d 903.)
· The Village of Lombard, et al. have been taking and/or damaging the Lombard Historical Brick Bungalow through trespassing, jumping Gothic fence posts, unauthorized municipal services, access entries leaving the porch door open while Gardenia C. Hung and the Defendants have been away from home, hospitalized, injured, traveling, working, without asking the Defendants for permission, consent or authorization, and without having any legal power of attorney from the Hung Family. (Ref. People ex rel Department of Transportation v. Romano (1971) 18 Cal. App. 3d 63)
· Plaintiff’s public activity or failure to act during 2001, 2002, 2003, 2004, 2005, 2006, 2007, and to date in 2008, as planned and customary by municipal standards and regular norms is the proximate or substantial, direct cause of the takings or damages incurred by the Lombard Historical Brick Bungalow owned by Gardenia C. Hung, et al. (Ref. Ingram v. City of Redondo Beach (1975) 45 Cal. App. 3d 628; Aaron v. City of Los Angeles (1974) 40 Cal. App. 3d 471, 478; Blau v. City of Los Angeles (1973) 32 Cal. App. 3d 77)
· There is a “continuing damages” theory practiced by the Village of Lombard, et al. from 1993, when Mr. Roberto Hung, J.D. purchased the Lombard Brick Bungalow, during 1996 when the same Lombard resident completed cash payment for this subject property and he was injured at home on December 22, 1996, and increasing “continuing damages and losses” after Mr. Robert Hung, J.D. was murdered during June 18, 1998, while his eldest daughter Gardenia C. Hung has been representing the Estate of Mr. Roberto Hung Supplemental Care Trust, as Executor Trustee, and she and the Defendants have been supporting the estate trust financially, physically, and residentially in the Village of Lombard, Du Page County, Illinois, USA.
· Defendants hereby object to the Verified Complaint for Demolition and for Injunctive Relief with false allegations at issue presented by Counsel Howard C. Jablecki et al., in order to support counterclaims to set off/offset the Verified Complaint under the doctrine for inverse condemnation, consumer service fraud, conversion of real property as an access to crime by the Village of Lombard, et al., as a direct cause of action and “substantial factor” issues for the Third Objection to the Verified Complaint for Demolition and for Injunctive Relief.
· Gardenia C. Hung, et al. invokes the doctrine of inverse condemnation, consumer service fraud, conversion of real property, and discrimination in order to claim attorneys’ fees, expert fees, and legal costs, expenses available for inverse cases and in enforcing a judgment in such a case. (Ref. Downen’s Inc. v. City of Hawaiian Gardens Redevelopment Agency (2001) 86 Cal. Appp. 4th 856)
· This Third Motion for Objection to the Verified Complaint for Demolition and for Injunctive Relief restates that in the State of Illinois, it is illegal to discriminate against people because of their race, color, religion or national origin. It is illegal to discriminate against people for housing ownership and property resident in the Village of Lombard, Du Page County, Illinois, USA. Please note that the Civil Rights Act of 1866 with respect to housing and property ownership is still in effect today in 2008, one hundred and forty-two (142) years later… The Civil Rights Act of 1866 provides that all citizens of the United States have the same rights as whites to inherit, buy, lease, sell, own, hold, and transfer title to any real property (real estate) or personal property. Under U.S. federal law, any person who wrongfully uses his/her office to deprive another of his civil rights will be liable for nominal and/or compensatory damages, plus punitive damages. Civil rights include consumer rights, homeowners’ rights, citizens’ rights, constitutional rights, and real estate property rights.
· Gardenia C. Hung, et al., as a woman, resident, homeowner, taxpayer, and citizen in the Village of Lombard, reinstates objections in this Motion pursuant to the Equal Rights Amendment (ERA) to the Constitution which supports that “Equality of rights under the law shall not be denied or abridged by the United States or by any state on account of sex gender.” It is unlawful in the State of Illinois to discriminate against women as resident homeowners, taxpayer, and U.S. citizens in the Village of Lombard, Du Page County, USA.
· This Motion for a Third Objection to the Verified Complaint for Demolition and for Injunctive Relief is based on constitutional grounds, under the legal concept of inverse condemnation, consumer service fraud, and conversion of real property as “action in trover”. (Case-in-point, Pacific Bell v. City of San Diego (2000) 81 Cal. App. 4th 596; Albers v. Los Angeles (1965) 62 Cal. 2d 250) which establish case precedents even when a public works improvement was designated and constructed according to normal engineering standards, and it fails (or works satisfactorily and causes damages in an unintended way), Plaintiff can still be liable for water rupture due to ungauged water pressure, as the Village of Lombard, an Illinois municipal corporation. Please take notice that in flood-related claims, courts have imposed an element of fault, and/or proof of unreasonableness. (Ref. Bunch v. Coachella Valley Water Dist. (1997) 15 Cal. 4th 432).
· The Lombard Historical Brick Bungalow is located in the Village of Lombard, District 5 area, designated by the name of “Lincoln”. District 5, as a community-based residential area, does not demolish historical real estate property. Lombard resident homeowners in District 5, on Washington Boulevard and Westmore-Meyers Road, are known to repair, restore, and preserve Lombard Historic Real Estate Property. One hundred and thirty-nine (139) years ago, the Village of Lombard was established in 1869, in the County of Du Page, State of Illinois, United States of America. As an Illinois historic village and municipal corporation, Lombard owes Gardenia C. Hung and Family, just compensation for all the damages and losses caused by the Plaintiff, from 1993 through 2008, during takings through trespassing and damages due to unauthorized consumer services, the Village’s own intents and public purposes, without having paid any compensation to Gardenia C. Hung, or to Mr. Roberto Hung, J.D., or to the Estate of Mr. Roberto Hung Supplemental Care Trust, and/or to the Hung Family assets, investments, and holdings. Case-in-point, in 1897, the U.S. Supreme Court ruled that state and local governments are required to pay “just compensation” when taking or “damaging” private property for public use occurs. (Chicago, Burlington & Quincy Railroad Company v. Chicago (1897)
· For the record, in 1922, Parcel 1: Lot eighty (80) in Robertson’s Westmore, as subdivision of part of the West half of the Third Meridian, lying South of the Right Way Line of the Chicago Aurora and Elgin Railroad Company, Document 15681, was recorded according to the Plat thereof on June 1st 1922 in Du Page County, Illinois, USA. This Lombard real estate property is now where John and Eva Carpenter have lived since 2001. That house is now eighty-six (86) years older than the subject property build in 1927, according to the Du Page County Recorder of Deeds Office and the York Township Assessor’s Office records and warranty deeds in trust.
· The Lombard Historic Brick Bungalow designated as P.I.N. 06-09-315-038 has been subject and target of “regulatory takings”, damages, and losses by the Village of Lombard, et al., All Employees, through trespassing and unauthorized access entries.
· Concurrently, since 1922, U.S. Supreme Court Justice Oliver Wendell Holmes extended the definition of “takings” and/or damages by declaring that “when the diminution (i.e. depreciation) in value resulting from “the regulation of using (private) property without paying compensation to affected Illinois homeowners, “reaches a certain magnitude, in most if not in all cases, there must an exercise of eminent domain and just compensation to sustain a taking for inverse condemnation requiring payment of just compensation.”
· The Supreme Court repeatedly has stressed that takings claims “under the doctrine of inverse condemnation” must be decided in light of the basic purpose of the just compensation clause “to bar Government from forcing some people alone to bear public burdens which in all fairness and justice, should be borne by a public as a whole.” (Ref. Armstrong v. United States, 1960, p. 49).
· The Village of Lombard, et al., All Employees, have caused damages and losses to the Lombard Historic Brick Bungalow during the course of municipal services in Illinois, and as such, Plaintiff is liable for consumer service fraud pursuant to the Federal Trade Commission Act, FTC, 15 USC § 45 et seq. and 16 CFR, and subsequent Illinois statutes for consumer service protection against consumer service fraud, deceptive business practices, and prohibited business practices. The Consumer Service Fraud Act, 815 ILC 505/1 et seq. (West 2004), enacted in 1961 includes a variety of consumer service abuses, such as fraud, deception, false promise, misrepresentation, and the intentional omission of material fact (of evidence) with respect to real estate property and Illinois homeowners, as consumers.
· Defendants, as the aggrieved party, hereby reinstate this Motion for a Third Objection to the Verified Complaint for Demolition and for Injunctive Relief on legal constitutional grounds since Counsel Howard C. Jablecki is liable for Estoppel in denying the truth about facts of evidence for the repair, restoration, and preservation plans by Zees Group Services, underwritten by ZSC Insurance Restoration Services, LLC., and proposed by Gardenia C. Hung during November 2006 to the Village of Lombard and the Du Page County Board of Commissioners in Wheaton, Illinois, USA.
· Gardenia C. Hung, et al., support this Motion for a Third Objection to the Verified Complaint for Demolition and Injunctive Relief subsequent to consumer service reports to the Federal Communications Commission, Federal Trade Commission, Illinois Commerce Commission, U.S. Department of Housing and Urban Renewal, Federal Bureau of Investigation, U.S. Department of Justice, U.S. Department of Health and Human Services, U.S. Department of Interior, U.S. Department of Commerce, Internal Revenue Service, and the Office of the President of the United States of America, in Washington, D.C., United States of America.
WHEREFORE, DEFENDANTS, GARDENIA C. HUNG ET AL. PRAY TO SUSTAIN THIS MOTION FOR A THIRD OBJECTION TO THE VERIFIED COMPLAINT FOR DEMOLITION AND FOR INJUNCTIVE RELIEF, IN ORDER TO SUPPORT THE DEFENDANTS’ MOTION TO COMPEL COURT ORDER TO REPAIR THE LOMBARD HISTORICAL BRICK BUNGALOW, PURSUANT TO THE CONSTITUTION OF THE STATE OF ILLINOIS, PREAMBLE, ARTICLE I, BILL OF RIGHTS, AND THE CONSTITUTION OF THE UNITED STATES OF AMERICA, UNDER THE DOCTRINE FOR INVERSE CONDEMNATION, CONSUMER SERVICE FRAUD, CONVERSION OF REAL PROPERTY, AND DISCRIMINATION, THE CIVIL RIGHTS ACT OF 1866, EQUAL RIGHTS AMENDMENT TO THE CONSTITUTION; SUBSEQUENT TO ARTICLE I, SECTION 15, OF THE CONSTITUTION OF THE STATE OF ILLINOIS; THE ILLINOIS HOME REPAIR AND REMODELING ACT, ILLINOIS VICTIMS OF CRIME ACT, ILLINOIS HUMAN RIGHTS ACT WITH PROTECTIONS IN HOUSING UNDER THE LAW, HATE CRIMES LOCAL LAW ENFORCEMENT ENHANCEMENT ACT, U.S. DEPARTMENT OF HOUSING AND URBAN RENEWAL ACT, AND FEDERAL TRADE COMMISION ACT , 15 USC § 45 ET SEQ. AND 16 CFR, SUBSEQUENT TO THE ILLINOIS STATUTES FOR CONSUMER SERVICE PROTECTION AGAINST CONSUMER SERVICE FRAUD, DECEPTIVE BUSINESS PRACTICES, AND PROHIBITED BUSINESS PRACTICES.
IN ADDITION, DEFENDANTS PRAY FOR EXTRAORDINARY REMEDY AND RELIEF, IN THE FORM OF JUST COMPENSATION WITH JUSTICE, FAIRNESS, AND EQUITY, UNDER THE DOCTRINE OF INVERSE CONDEMNATION, WHICH PROVIDES CASH REMEDY AND MONETARY RELIEF FOR RESTITUTION AND INDEMNITY TO THE AGGRIEVED, UNDER THE CONSTITUTION OF THE UNITED STATES AND THE STATE OF ILLINOIS, UNDER GOD.
Respectfully Submitted and Dated on the 27th day of the month of February in the year 2008.
Gardenia C. Hung, M.A. for the Defendants
On behalf of the Estate of Mr. Roberto Hung Supplemental Care Trust
502 S. Westmore-Meyers Road
Lombard, IL 60148-3028 USA
Under penalties as provided by law pursuant to Section 1-109 of the Illinois Code of Civil Procedure, the undersigned certifies that the statements set forth in this instrument are true and correct, to the best of my ability, so help me God.
Date: February 27, 2008 Signed by:____________________________________
Gardenia C. Hung, M.A.
Executed in the County of Du Page, in the State of Illinois, United States of America
Sunday, March 2, 2008
MOTION FOR A THIRD OBJECTION TO THE VERIFIED COMPLAINT FOR DEMOLITION AND FOR INJUNCTIVE RELIEF PURSUANT TO THE CONSTITUTION OF THE STATE OF ILLINOIS
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