Third Amended Response to the Verified Complaint for Demolition and for Injunctive Relief

State of Illinois United States of America County of Du Page
In the 18th Judicial Circuit Court
Village of Lombard, an Illinois Municipal Corporation, et al., Plaintiff,
vs.
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
Defendants
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Case No.:2007CH001284

NOTICE OF FILING
DEFENDANTS’ THIRD AMENDED RESPONSE/ANSWER TO SUMMONS.

DEFENDANTS’ MOTION TO COMPEL COURT 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.
Hearing Date: April 28, 2008, 9:30 AM
Third Objection: March 19, 2008
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

DEFENDANTS’ THIRD AMENDED RESPONSE/ANSWER TO SUMMONS.
COUNTERPOINT: AT ISSUE LEGAL MEMORANDUM IN OPPOSITION TO THE VERIFIED COMPLAINT FOR DEMOLITION AND FOR INJUNCTIVE RELIEF, IN ORDER TO SUPPORT THE DEFENDANTS’ PROPOSAL FOR PRESERVATION, RESTORATION, RENOVATION, AND DISASTER-CONSTRUCTION REMODELING OF THE LOMBARD HISTORICAL BRICK BUNGALOW WITH THE HOMEOWNER’S COMPULSORY COUNTERCLAIMS TO SETOFF/OFFSET THE VERIFIED COMPLAINT FOR DEMOLITION AND FOR INJUNCTIVE RELIEF FROM PLAINTIFF, PURSUANT TO “ACTION FOR INVERSE CONDEMNATION”, CONVERSION OF REAL PROPERTY, CONSUMER SERVICE FRAUD, BREACH OF THE FAIR HOUSING PARTNERSHIP RESOLUTION CONTRACT, REAL ESTATE LIABILITY FOR LOMBARD OLD HOUSES.
Pursuant to the Constitution of the United States of America, the Bill of Rights, the Constitution of the State of Illinois, Illinois Equal Justice Act, 30 ILCS 765/1 et seq., the Illinois Human Rights Act with Protections in Housing Under the Law, and the Illinois Victims of Crimes Act, comes now Gardenia C. Hung, as PRO SE, to appear and submit all of the Defendants’ pleadings in a Third Amended Response/Answer to Summons on behalf of the Defendants and as Executor Trustee for the Roberto Hung Supplemental Care Trust which includes the subject property at 502 S. Westmore Avenue, in the Village of Lombard, Du Page County, Illinois, in the United States of America. Defendants hereby present a Motion to Compel a Court Order to Repair the Subject Property by Contractual Agreement signed with the Zees Group Services, and proposed in 2006 by Gardenia C. Hung to the Village of Lombard and the County of Du Page Board of Commissioners, and noted in Exhibit C, Contracts A-1, B-1, and C-1, attached herewith, presented by the Zees Group, General Contractor License No.GC052400D, for the repair, preservation, restoration, and disaster-construction of the Lombard Historical Brick Bungalow, underwritten by ZSC Insurance Restoration Services, LLC.

Gardenia C. Hung is representing herself as Defendant PRO SE, legal Lombard resident, Illinois Homeowner and Taxpayer in Du Page County, U.S. citizen at 502 S. Westmore Avenue, Lombard, Illinois 60148-3028, USA, and as a Du Page County Notary Public, commissioned by the State of Illinois, to appear in person and respond/answer with a Third Objection to the Plaintiff’s Verified Complaint for Demolition and for Injunctive Relief pursuant to “Action for Inverse Condemnation”, Conversion of Real Property, Consumer Service Fraud, Breach of the Fair Housing Partnership Resolution Contract, Real Estate Liability for Lombard Old Houses which becomes an action for damage to real estate property under Article I, Section 15 of the Illinois Constitution, supporting that: “Private property shall not be taken or damaged for public use without just compensation as provided by law.” (August 1986, Illinois Municipal Review, page 1).
Defendants hereby deny, dispute, and oppose each and every other allegation, presented by Counsel Howard C. Jablecki, since facts of evidence, laws, and prior court decisions for the Verified Complaint for Demolition and for Injunctive Relief do not support the Verified Complaint as follow:
· Count I, Demolition for Dangerous and Unsafe Building
· Count II, Statutory Injunction
· Preliminary Injunction and Permanent
Defendants hereby present a Motion to Compel a Court Order to Repair the Subject Property against the Verified Complaint for Demolition and for Injunctive Relief with a Third Objection to the same Verified Complaint for Demolition and for Injunctive Relief pursuant to the Constitution of the United States of America and the Constitution of the State of Illinois, based on the following legal grounds:
The U.S. Supreme Court has stressed that takings claims (for condemnation) must be decided in light of the basic purpose of the “just compensation clause”, in order “to bar Government from forcing some people alone (Defendants) to bear public burdens which in all fairness and justice, should be borne by the public as a whole.” (Armstrong v. United States, 1960, page 49).
For the last fifteen (15) years, the Village of Lombard, et al. has damaged and abused the subject property for its own public purposes in Du Page County, Illinois as an access to crime, without just compensation to the Hung Family and the Estate of Mr. Roberto Hung Supplemental Care Trust, pursuant to the doctrine of “Inverse Condemnation”, the Defendants hereby petition to redress damages and losses as follow:
Since 1993 through 2008, the Village of Lombard has been abusing and damaging the subject property more through trespassing, unauthorized access entries, access to crime after 1996, when the late Mr. Roberto Hung purchased the Lombard Historical Brick Bungalow.
During 2004, the subject property was damaged by water flooding from bursting plumbing pipes under ungauged water pressure caused by Lombard plumbing rupture and faulty storm draining system in Du Page County, which required PSI valves to be installed by the Department of Public Works and Water Services in the Village of Lombard. (Case reference to Yee v. City of Sausalito, Appellate Court Decision.)
During 2004, 2005, and 2006, the Village of Lombard has interrupted public utilities services for the Hung Family and the subject property causing additional damages and losses to the Lombard Historical Brick Bungalow for lack of telephone service lines, no electricity, and no water service to the homeowners.
During 2005, the subject property suffered extensive roofing damages and losses to existing residential telephone utilities caused by unauthorized SBC Telephone Services by the Lombard Police Department, the neighbors John and Eva Carpenters, sons, relatives, associates, and other accomplices trespassed into the Hung Family real estate property by jumping over the adjoining fence posts between the Carpenters’ driveway and the backyard of the subject property.
During 2006 and 2007, there were also existing damages and losses to the green lawn and landscaping, as well as the plant life, flower beds and borders due to the Village of Lombard Public Works Project for street pavement and water sewage inspection.
Consequently, Defendants do not plead guilty to each and every allegation presented in the Verified Complaint, since none of the persons in the Hung Family has been at home when the Village of Lombard et al. and other accomplices as Plaintiff have arranged and authorized access entry to cause extensive damages and losses to the Lombard property at 502 S. Westmore Avenue and Washington Blvd., in Du Page County, Illinois, USA, purchased and paid in full with cash retirement funds by the late Mr. Roberto Hung, J.D. in September 1996 with eldest daughter, Gardenia C. Hung as a witness, at the First State Bank of Maple Park in Illinois.
On legal merits, Defendants present a Third Objection to same Verified Complaint since facts of evidence, laws, and prior court decisions do not support any of the Plaintiff’s Motion for Demolition and for Injunctive Relief which raises false arguments, lacking in foundation. Since 2006, Gardenia C. Hung has presented the Hung Family’s proposal by the Zees Group Services for Restoration, Remodeling, Repair and Re-Construction of the distressed Hung Family Real Estate Property, due to “Criminal Conversion” used by Plaintiff as “Access to Crime”, authorized and arranged by the Lombard Police Department, under Chief Raymond Byrne, and the Fire Department Bureau of Inspectional Services, Keith Steiskal, under Chief George Seagraves, with accomplices John and Eva Carpenter, sons, handymen, construction associates, friends, and others from the community-at-large in Du Page County, Illinois.
2007-2008 Construction Statistics Reports and public records indicate that for Lombard Historical Real Estate Property --“it is more expensive to demolish and destroy real estate property at today’s prices and cost of construction materials, than to restore, repair, and rebuild historical real estate property”—“which can be remodeled and reconstructed for damages and losses” due to disaster, disrepair, “Conversion of Real Property” as an “Access to Crime” caused and authorized by Plaintiff under Lombard unethical real estate service practices.
6. Defendants deny and dispute the same Verified Complaint based on Plaintiff’s speculations which state improper opinions, based on lack of foundation for irrelevant arguments, contrary-to-fact.
7. Furthermore, Defendants, hereby represented by Gardenia C. Hung continue to oppose, deny, and dispute each and every allegation in the same Verified Complaint based on additional Objections to the Plaintiff’s “Improper Character References” and lack of facts of evidence for the false concern about the health risk and safety of Gardenia C. Hung, in order to prevent the Defendants from residing, inhabiting, and protecting the Hung Family Real Estate Property after Plaintiff has caused and authorized SBC Telephone Company in Illinois/Indiana, Edward Westenholtz, and other trespassers, intruders, criminals, vandals, and other accomplices to jump the backyard fence, adjoining the Carpenter family driveway, in order to damage and destroy existing roofing structures and penetrate the Hung Family Real Estate Property in Lombard, Du Page County, Illinois, USA.
8. Defendants hereby present legal Compulsory Counterclaims to Setoff/Offset the Plaintiff’s Verified Complaint for Demolition and for Injunctive Relief that arises from “Action for Inverse Condemnation” and is otherwise connected with the same issues involving real estate controversy over the Hung Family Real Estate Property. Consequently, the Defendants demand full restitution and cash compensation equal to the value of this Lombard property and all the damages and losses incurred by the Defendants since 1993, and during 2004, 2005, 2006, 2007, and 2008, for the last fifteen (15) years, inclusive, for the following Casualties and Thefts, 2006 IRS Form 4684: Property A, Lombard Brick Bungalow, 3-Level house at 502 S. Westmore Avenue, in Lombard, Illinois, acquired during September 1996, $900,000; Property B, T-Mobile Motorola RAZOR V3, Camera Telephone, acquired at Yorktown Center on December 20, 2005, in the sum of $300; Property C, 2003 Derbi Boulevard 150 CC Motorcycle, acquired on June 11, 2003, currently disabled in disrepair at Champion Cycle Center, Inc., 3625 N. Western Avenue, Chicago, Illinois 60618, in the sum of $16,071.35. In addition to damages and losses to eight (8) automobiles owned by the late Mr. Roberto Hung, Ms.Gardenia C. Hung, and Mr. Nathan S. Wittler: Buick Montecarlo, Ford Escort Station Wagon, Ford Mustang Hatchback, Chrysler Capri Sports, Geo Tracker, Nissan 200SX, Mitsubishi Galant, in the sum of $100,000.
9. In this legal action and pursuant to the “Doctrine of Inverse Condemnation”, Defendants invoke the “just compensation clause” wherein the original cost of the real property damaged, plus the added cost of the repair, restoration, and renovation by the Zees Group, minus depreciation for damages and losses, equals the fair market value sum, plus additional compensation for severance damages and losses owed to Gardenia C. Hung, et al. , Defendants, family members, as victims of crime in the Village of Lombard, Du Page County, in the State of Illinois, United States of America.
10. Gardenia C. Hung, et al. as the aggrieved Lombard resident homeowner is entitled by law, and has the constitutional rights to recover the monetary value of the real property damaged by the Village of Lombard, et al., and is entitled “to be placed in as good as a financial position as s/he would have been in, if the Estate of Mr. Roberto Hung Supplemental Care Trust, had not been damaged and/or taken by the Plaintiff, for public use through trespassing, access to crime, conversion, consumer service fraud, and public use” in the Village of Lombard, Du Page County, Illinois, USA. In addition, Gardenia C. Hung, et al., Defendants, have suffered from the operational loss of business at home, loss of earning and gainful employment, during the course of damages and losses from 1993 through 2008, for the last fifteen (15) years.
Defendants hereby petition full indemnity for the Lombard real estate damages and losses sustained by the Estate of Mr. Roberto Hung Supplemental Care Trust and assets, at a fair market value.
Under the Fifth Amendment to the U.S. Constitution, “No person shall be deprived of life, liberty, or property without due process of law; nor shall private property be taken for public use without just compensation.” The Fifth Amendment recognizes the real estate property rights of individuals and guarantees that the government must provide a fair payment to a person whose property is taken for public use.
WHEREFORE, Defendants petition to redress all grievances under the U.S. Constitution and the Constitution of the State of Illinois, Bill of Rights, to be considered as victims of crime in order to be treated fairly, justly, and equitably as Illinois resident homeowners who have been subjected to abuse and discrimination by the Village of Lombard, in Du Page County, Illinois, USA.
WHEREBY, Defendants continue to assert and demand their legal rights as Lombard resident homeowners to recover all damages and losses for the misuse of the Hung Family Real Estate Property, which has been abused illegally, and criminally converted to distressed Lombard property by the Plaintiff who has authorized and arranged access to crime from the Lombard Police Department, the Fire Department Bureau of Inspectional Services, John and Eva Carpenter, as well as other accomplices in Du Page County, Illinois, USA.
PURSUANT TO THE DOCTRINE OF INVERSE CONDEMNATION, DEFENDANTS’ HEREBY ESTABLISH COMPULSORY COUNTERCLAIMS TO SETOFF/OFFSET THE VERIFIED COMPLAINT FOR DEMOLITION AND FOR INJUNCTIVE RELIEF FROM PLAINTIFF PRESENTED BY THE DEFENDANTS ON LEGAL GROUNDS FOR “ACTION DUE TO INVERSE CONDEMNATION”, CRIMINAL CONVERSION OF PROPERTY, CONSUMER SERVICE FRAUD, BREACH OF THE FAIR HOUSING PARTNERSHIP RESOLUTION CONTRACT, REAL ESTATE LIABILITY FOR LOMBARD OLD HOUSES. Defendants’ Do Not Plead Guilty; Defendants’ Objection to Wrongful Citations for Lombard Municipal Violations PURSUANT TO THE HATE CRIMES LOCAL LAW ENFORCEMENT ENHANCEMENT ACT, VICTIMS OF CRIME ACT, ILLINOIS HUMAN RIGHTS ACT WITH PROTECTIONS IN HOUSING UNDER THE LAW; u.s. department of housing and urban development act (hud); the homeowners repair act, housing and community development act (1974), federal fair housing acts, the federal trade commission act (FTC, 15 USC § 45 et seq. and 16 CFR, subsequent illinois statutes for consumer service protection against consumer service fraud, deceptive business practices, and prohibited practices established by the illinois general assembly, under the constitution of the united states and under god. subsequent to the USA PATRIOT ACT: pRESERVING LIFE AND LIBERTY (2001); Defendants’s COMBINED §2-615 MOTION TO DIMISS AND §2-619 MOTION TO DISMISS BASED ON WRONGFUL CHARGES, MALICIOUS PROSECUTION, ABUSE OF THE LEGAL PROCESS AND PURSUANT TO ILCS 720 5-31 PRESUMPTION OF INNOCENCE AND PROOF OF GUILT;
DEFENDANTS’ STATEMENTS OF FACT
Pursuant to the Constitution of the State of Illinois, Article I, in the Bill of Rights, Gardenia C. Hung and the Hung Family, are entitled to the same laws for protection of their real estate property under God and the United States of America, as follows:
Section 2.- Due Process and Equal Protection. No person shall be deprived of life, liberty or property without due process of law nor be denied the equal protection of the laws.
Section 8.1.- Crime Victims’ Rights.
Section 12.- Right to Remedy and Justice. Every person shall find a certain remedy in the laws for all injuries and wrongs which she/he receives to her/his person, privacy, property or reputation. She/He shall obtain justice by law, freely, completely, and promptly.
Section 15.- Right to Eminent Domain. Private property shall not be taken or damaged for public use without just compensation as provided by law. Such compensation shall be determined by a jury as provided by law.
Section 20.- Individual Dignity. To promote individual dignity, communications that portray criminality, depravity or lack virtue in, or that incite violence, hatred, abuse or hostility toward, a person or group of persons by reason of or by reference to religious, racial, ethnic, national or religious affiliation are condemned.
Plaintiff, as the Village of Lombard, et al. is barred from pursuing the cause of action stated in the Verified Complaint for Demolition and for Injunctive Relief under the State of Illinois applicable statutes of limitations for Negligence Per Se actions for “Criminal Conversion of Property” owned by the Defendants, since the hateful, heinous crimes occurred more than two (2) years ago and have been taking place repeatedly and continuously for the last fifteen (15) years, from 1993 through 2004, 2005, 2006, 2007, and to date, in 2008.
· On Count I, Demolition of Dangerous, Unsafe Building, Defendants deny, dispute, and oppose, each and every allegation of the Plaintiff’s Verified Complaint for Demolition of Dangerous and Unsafe Building, on legal grounds for information and belief, based on the Tort of Conversion and unethical business real estate practices, since the Village of Lombard, the Police Department under Chief Raymond Byrne, the Bureau of Inspectional Services Inspector Keith Steiskal, the Fire Department under Chief George E. Seagraves, neighboring accomplices John and Eva Carpenter and sons with friends, handymen, associates, and family, have all criminally, maliciously, and deliberately altered in “Conversion” and damaged the Hung Family Real Estate Property at 502 S. Westmore Avenue and Washington Blvd. in Lombard, Du Page County, to cause a disaster, disrepair, and distress in the same property for the purpose of the depreciation of equity value since 1993 through 2004, 2005, 2006, 2007, and to date in 2008. This Lombard brick bungalow house with 3-stories, 2-car garage, and 4-car driveway, has been misused, abused, and victimized as an “Access to Crime”, along with all the Defendants who have been subject to personal injury surrounding homeownership of the same Lombard real estate property.
· On Count II, Statutory Injunction, Defendants deny, dispute, and oppose each and every allegation of the Plaintiff’s Verified Complaint for Statutory Injunction, on legal grounds, information, and belief based on the Plaintiff’s Intentional Interference with the Defendants Personal Health, Well Being, and Right to Privacy in Real Estate Property Rights, which constitutes a “Private Nuisance” by the Village of Lombard et al., John and Eva Carpenter and Family, who are adjoining neighbors by the driveway at 504 S. Westmore-Meyers Road in Lombard, SBC Telephone Company in Illinois/Indiana, Edward Westenholtz, and the community-at-large in Du Page County, Illinois—-who have been all harmful and destructive of the Hung Family Real Estate Property. For the record, Plaintiff interferes with the Defendants’ peace of mind due to constant harassment, hateful and heinous criminal acts, malicious prosecution, and abuse of human rights in housing and the abuse of the legal process.
· On Count III, Preliminary and Permanent Injunction, Defendants deny, dispute, and oppose each and every allegation of the Plaintiff’s Verified Complaint for Preliminary Injunction on legal grounds, information, and belief based on the Plaintiff’s Breach of Duty for Consumer Service Fraud, Deceit, and Misrepresentation of the Village of Lombard residential homeowners’ services by “Criminal Conversion” of Real Estate Property owned by the Hung Family which has been altered, damaged, and victimized to become a distressed Lombard house, improperly “Induced” with Lombard Police “Access to Crime” arranged with drugged addicts as trespassers, intruders, repeat offenders as criminals, vandals, and real estate trickery, deception, and fraud in the sale of property by the Village of Lombard et al. who authorizes damages and losses to the Hung Family Property in order to depreciate the equity value of the same real estate property. For the record, Plaintiff interferes and constantly invades Gardenia Hung’s privacy since 1993 and to date in 2008, for the last fifteen years (15) years; furthermore, the Village of Lombard et al. interferes with the Defendants’ reputation and is subject to “Defamation of Character”, “Slander” and “Libel”. In addition, Plaintiff is also subject to and liable for interference with the Defendants’ Real Estate Property Rights, causing undue real property theft, burglary, annoyance, inconvenience, discomfort, and even “Personal Injury” to the Defendants which have been abused, victimized, kidnapped, set up for accidents, hospitalized, disabled, and even murdered. Plaintiff, as the Village of Lombard et al., to include the neighbors John and Eva Carpenter and sons, the community-at-large in Lombard and in Du Page County constitute for the Defendants a “Private Nuisance” which is arranged by the Lombard Police Department, under Chief Raymond Byrne and District 5 Police in particular, and Keith Steiskal, Lombard Fire Department Bureau of Inspectional Services, under Chief George Seagraves, and other accomplices reported to U.S. law enforcement agencies under terrorism, bioterrorism, threats, coercion, and intimidation of the Hung Family members which is punishable and prosecuted by law in the State of Illinois, under the Constitution of the United States, under God. Whereby Defendant and the Hung Family require cash restitution in the sum of $2,000,000, two million dollars, and a public apology from Plaintiff, the Village of Lombard et al.


Defendants’ Statements of Legal Authorities
Defendants assert the following affirmative defense on valid legal grounds supported by U.S. legal authorities and international courts of law for human rights around the world, beyond a reasonable doubt, based upon the preponderance of evidence on public record and on file for this legal case in action consolidated in the U.S. Supreme Court and in the 18th Judicial Circuit Court, in the County of Du Page, in the State of Illinois, United States of America, as noted.
Pursuant to the Constitution of the State of Illinois, Article I, in the Bill of Rights, Gardenia C. Hung and the Hung Family, are entitled to the same laws for protection of their real estate property under God and the Constitution of the United States of America.
WHEREBY, Defendants support this Motion to Compel a Court Order to Repair the Subject Property with a Third Objection to the same Verified Complaint for Demolition and for Injunctive Relief, presented along with the Defendants’ Compulsory Counterclaims pursuant to the Doctrine of Action for Inverse Condemnation, to Setoff/Offset the Verified Complaint. This Third Amended Response/Answer to Summons is presented, not only to deny, dispute, and oppose each and every one of the Plaintiff’s allegations, but also to accuse the Plaintiff for direct cause of action as the Village of Lombard et al., liable for the charges involving “Criminal Conversion” of the Hung Family Real Estate Property, which now in 2008, remains as a Lombard Historical Real Estate property, criminally damaged and distressed due to the Village of Lombard’s accountability for Consumer Service Fraud, breach of the Fair Housing Partnership Resolution contract and liability for Lombard Real Estate Old Houses in Du Page County, Illinois, USA.

COUNTERARGUMENT: IN SUPPORT OF THE DEFENDANTS’ MOTION TO COMPEL A COURT ORDER TO REPAIR THE SUBJECT PROPERTY WITH A THIRD OBJECTION AGAINST THE VERIFIED COMPLAINT FOR DEMOLITION AND FOR INJUNCTIVE RELIEF, TO ESTABLISH COUNTERCLAIMS TO SETOFF/OFF SET THE SAME VERIFIED COMPLAINT PURSUANT TO THE DOCTRINE OF INVERSE CONDEMNATION
Please Take Notice that Plaintiff as the Village of Lombard, represented by Counsel Howard C. Jablecki et al. from the Law Firm of Klein, Thorpe, and Jenkins, Ltd. is legally liable and “Guilty” of the Tort of “Criminal Conversion” in this legal “Action for Inverse Condemnation” surrounding the Hung Family Real Estate Property at 502 S. Westmore Avenue, Lombard in Du Page County, Illinois, USA. The Village of Lombard and other accomplices have all “publicly misused and borrowed” Hung Family assets and real estate property without authorization, permission, or legal power of attorney issued by Gardenia C. Hung or any of the Defendants in this legal matter.
For the record, Plaintiff is deliberately and criminally responsible for altering with disaster, destruction, damages, and losses, the Lombard Historical Bungalow, built in 1927, and now owned by Gardenia C. Hung as Defendant(s), since the Hung Family Real Estate Property was purchased by her late father, Mr. Roberto Hung, J.D.--former attorney, judge, and prosecutor--in 1993 and paid fully in 1996 with cash retirement funds at the First State Bank of Maple Park in Illinois, witnessed by his eldest daughter, Gardenia C. Hung, an Illinois Notary Public. Let it be known that during June 1998, the late Mr. Roberto Hung was murdered at Vencor Northlake Hospital in Northlake, Cook County, Illinois, following hospitalization at Elmhurst Memorial Hospital in Elmhurst, Du Page County, Illinois. The Roberto Hung Supplemental Care Trust was legally settled and closed during January 1999 before presiding Judge Robert E. Byrne in the 18th Judicial Circuit Court, in the County of Du Page, State of Illinois, United States of America. Gardenia C. Hung was the appointed Executor, as Trustee with Robert S. Hung. The Village of Lombard and other accomplices have been harmful as destructive service operatives who are directly responsible and liable for the Hung Family Real Estate Consumer Service Fraud, Damages, Losses, and Disrepair for Lombard Plumbing Failure, Roofing and Landscaping Criminal Activity, Sabotage and Destruction of All (9) Nine Motor Vehicles owned by the Hung Family and registered under the State of Illinois, Office of the Secretary of State, Motor Vehicles and Drivers License Facilities, in order to depreciate real assets for distressed real estate property belonging the Defendants so that they lose equity value as resident homeowners in Lombard, Du Page County, Illinois, USA.
Plaintiff interferes with the Hung Family’s legal possession of real property and homeownership as an “Access to Crime” which is subject to prosecution for altering and misusing this Lombard historical bungalow to arrange criminal activity, as evidenced by the visible damages and losses in excess of $50,000, as follow:
· Plaintiff has been instrumental in the removal and damage of existing public utilities, that is to say, Lombard residential telephone lines, electricity, gas, water service, sewage, waste management, etc. without the authorization or permission of the Hung Family.
· Plaintiff as the Village of Lombard et al. has arranged disrepair and damages through trespassers and unauthorized access entry into the Hung Family Real Estate Property, in order to depreciate the same Lombard historical bungalow as a distressed property to lose the Hung Family homeowners’ equity value upon sale of the same by the Village of Lombard realtors.
· Defendants are hereby establishing Counterclaims to Setoff/Offset the Verified Complaint for Demolition and for Injunctive Relief as a legal demand for financial restitution and cash relief as full compensation from the Plaintiff for “Criminal Conversion” of the Hung Family Real Estate Property for the last (15) fifteen years, from 1993 through 2004, 2005, 2006, and to date in 2008.
· Plaintiff as the Village of Lombard is subject to prosecution for “Breach of Duty” on legal grounds, facts of evidence, and belief for Negligence Per Se. The Village of Lombard and other accomplices refuse services, do not respond, and act unreasonably, unlawfully, unethically, and criminally arranged by the Lombard Police Department, under Chief Raymond Byrne and the Lombard District 5 Police, John and Eva Carpenter, handymen, associates, public utility operatives for Nicor Gas, Commonwealth Edison Electric Company, SBC Telephone Company in Illinois/Indiana, Edward Westenholtz, the Village of Lombard Water Service and Sewage under Public Works, Waste Management of Illinois, Keith Steiskal and Chris Hanigan for the Bureau of Inspectional Services, Lombard Fire Department, under Chief George Seagraves, and the community-at-large in Lombard and Du Page County, Illinois.
· Plaintiff’s carelessness directly has caused damages, losses and disrepair to the Hung Family Real Estate Property in Lombard, as well as personal injury, forced hospitalization arranged by the Lombard Police Department, physical disabilities, and other inconveniences to the Defendants themselves in this legal response to the Verified Complaint filed by Counsel Howard C. Jablecki et al. on behalf of the Village of Lombard.
· For the record, Defendants are currently suffering from economic losses and damages, criminal disrepair in real estate property, loss of employment, personal injuries, and psychological distress as human beings, due to the Plaintiff’s malicious and insidious “Criminal Conversion” of the Hung Family Real Estate Property in Lombard, Du Page County, Illinois, USA.
· The Village of Lombard et al. and All Employees as Plaintiff, have violated legal terms of service and management without authorization, legal power of attorney, or permission from Gardenia C. Hung for the Hung Family Real Estate Property in Lombard.
· Let it be known that Gardenia C. Hung does not suffer from any of the health-related allegations cited and reported by Keith Steiskal and George Seagraves for the Bureau of Inspectional Services under the Lombard Fire Department.
· By law in the State of Illinois and under the Constitution of the United States, Defendants are entitled to recover in cash all damages and losses equal to the value of the Hung Family Assets and Real Estate Property for the last (15) fifteen years from Plaintiff, as the Village of Lombard, as Counterclaims to Setoff/Offset the Verified Complaint for Demolition and for Injunctive Relief; plus the reimbursement of all court costs, fees, and extraneous legal expenses incurred by the Defendants during the course of all legal proceedings involving the same Lombard historical bungalow, since 1993 to date in 2008, for the last (15) fifteen years.
· Pursuant to the Doctrine of Inverse Condemnation, Defendants hereby establish Counterclaims to Setoff/Offset the same Verified Complaint for Demolition and for Injunctive Relief as a response/answer in this legal “Action in Trover”, in order to recover all damages and losses, as well as compensate “Personal Injury” during the course of “Criminal Conversion” of the Hung Family Real Estate Property by Plaintiff as the Village of Lombard et al., who have altered, misused, borrowed and kept real property, abused, and victimized not only the Lombard Historical Bungalow, but also members of the Hung Family and others, based on facts of injury, forced hospitalizations, information, and belief.
· All the Defendants hereby demand a personal and written apology from Plaintiff as the Village of Lombard, et al. in Du Page County, Illinois, USA, as well as cash restitution/reimbursement for all damages and losses to the Hung Family Estate and assets.
WHEREFORE, DEFENDANTS, GARDENIA C. HUNG, ROBERT S. HUNG, ET AL. PRAY THAT THIS MOTION TO COMPEL A COURT ORDER TO REPAIR THE SUBJECT PROPERTY, BE SUSTAINED PURSUANT TO THE DOCTRINE OF INVERSE CONDEMNATION, AND FOR WRONGFUL CHARGES AND MISDEMEANORS SET AGAINST THE VILLAGE OF LOMBARD ET AL., IN THIS LEGAL “ACTION IN TROVER”, WITH PREJUDICE, WITHOUT LEAVE TO AMEND, AND THAT ALL DAMAGES AND LOSSES, AS WELL AS LEGAL COURT EXPENSES, COURT COSTS, , BE COMPENSATED AND REIMBURSED TO THE DEFENDANTS FROM 1993 THROUGH 2008, FOR THE LAST (15) FIFTEEN YEARS, SINCE PLAINTIFF, THE VILLAGE OF LOMBARD, ET AL. INITIATED THE DIRECT CAUSE OF DISASTER AND CRIMINAL ACTION FOR CONSTRUCTION, DAMAGES, AND LOSSES AGAINST THE LOMBARD REAL ESTATE PROPERTY AT 502 S. WESTMORE AVENUE & WASHINGTON BOULEVARD OWNED BY THE HUNG FAMILY FROM 1993 TO THE PRESENT, IN 2008, PURSUANT TO ILCS 720, 5-31, PRESUMPTION OF INNOCENCE AND PROOF OF GUILT, UNDER THE HATE CRIMES LOCAL LAW ENFORCEMENT ENHANCEMENT ACT, THE VICTIMS OF CRIME ACT, THE ILLINOIS HUMAN RIGHTS ACT FOR PROTECTIONS IN HOUSING UNDER THE LAW, U.S. DEPARTMENT OF HOUSING AND URBAN RENEWAL (HUD); 735 ILCS 5/ART. II, ET SEQ. CIVIL PRACTICE LAW AND THE RULES OF THE SUPREME COURT IN THE STATE OF ILLINOIS AND UNDER THE CONSTITUTION OF THE UNITED STATES, AS FOLLOWS FOR:
(1) GENERAL DAMAGES AND LOSSES , TO INCLUDE, EXHIBIT C, FOR THE REPAIR, PRESERVATION OF THE ESTATE, RENOVATION, RECONSTRUCTION, REHABILITATION, AND REMODELING ESTIMATEED AT A COST OF $123,200, AS NOTED IN CONTRACT C-1, IN CONFORMITY TO PROOF;
(2) OTHER SPECIAL DISASTER CONSTRUCTION REPAIR DAMAGES AND LOSSES IN THE SUM OF $92,480, AS EVIDENCED IN CONTRACT B-1, IN COMFORMITY TO PROOF.
(3) AND DEFENDANTS PRO SE ALSO PRAY FOR THE COMPENSATION OF SUCH OTHER AND ADDITIONAL DISASTER RESTORATION CONSTRUCTION DAMAGES AND LOSSES IN THE SUM OF $66,150, ITEMIZED IN CONTRACT A-1, IN CONFORMITY TO PROOF, AND FOR FURTHER REMEDY AND RELIEF AS THE COURT DEEMS JUST, FAIR, EQUITABLE, AND PROPER IN THIS CAUSE OF ACTION FOR DISASTER RESTORATION CONSTRUCTION CAUSED DIRECTLY BY PLAINTIFF, THE CITY OF LOMBARD ET AL., IN THE TOTAL SUM OF $281,830.
WHEREBY, DEFENDANTS ET AL. PRAY FOR JUST COMPENSATION UNDER THE DOCTRINE OF INVERSE CONDEMNATION, IN THE FORM OF FINANCIAL REMEDY AND MONETARY RELIEF AS COMPULSORY COUNTERCLAIMS TO SET OFF/OFFSET THE VERIFIED COMPLAINT FOR DEMOLITION AND FOR INJUNCTIVE RELIEF AGAINST THE PLAINTIFF, AS THE VILLAGE OF LOMBARD. DEFENDANTS HEREBY DENY, DISPUTE AND OPPOSE EACH AND EVERY ALLEGATION PRESENTED BY THE PLAINTIFF, IN ORDER TO DEMAND THE COURT’S PROTECTION, WITH PRELIMINARY AND PERMANENT INJUNCTIVE RELIEF, SO THAT PLAINTIFF “CEASE AND DESIST” HARASSMENT AND INTERFERENCE ARRANGED BY THE VILLAGE OF LOMBARD ET AL. WHO IS SUBJECT TO CRIMINAL PROSECUTION, IN JUSTICE, EQUITY, AND JUDGEMENT AGAINST THE PLAINTIFF’S VERIFIED COMPLAINT FOR DEMOLITION AND FOR INJUCTIVE RELIEF ON ALL COUNTS.
DEFENDANTS ALSO PRAY FOR SEVERANCE DAMAGES AND LOSSES, AS ADDITIONAL FINANCIAL REMEDY AND MONETARY RELIEF TO BE COMPENSATED UNDER U.S. LEGISLATION BY THE PLAINTIFF, FROM 1993 TO DATE IN 2008, FOR THE LAST (15) FIFTEEN YEARS, IN ORDER TO SUPPORT THE DEFENDANTS COMPULSORY COUNTERCLAIMS SETOFF/OFFSET AGAINST THE VERIFIED COMPLAINT FOR DEMOLITION AND FOR INJUNCTIVE RELIEF, UNDER THE DOCTRINE FOR INVERSE CONDEMNATION, FOR ALL DAMAGES AND LOSSES CAUSED AND ARRANGED BY THE VILLAGE OF LOMBARD ET AL., DUE TO UNAUTHORIZED ACCESS TO CRIME, TRESPASSING, “CRIMINAL CONVERSION” OF THE HUNG FAMILY REAL ESTATE PROPERTY AS AN ACCESS TO CRIMINAL ACTIVITY IN LOMBARD, DU PAGE COUNTY, ILLINOIS, USA.
Respectfully Submitted and Dated on the 24th day of the month of March, in the year 2008.
_________________________________________
(Reserved Signature)
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
United States of America

Verification

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: March 24, 2008
Signed by:____________________________________
Gardenia C. Hung, M.A.

In the County of Du Page, in the State of Illinois
United States of America

PROOF OF SERVICE BY ELECTRONIC FILE

I, the undersigned, do hereby state on oath that I served the foregoing Defendants’ Third Amended Response/Answer to Summons with the Defendants’ Motion for an Order to Repair the Subject Property accompanied by a Third Objection to the Verified Complaint for Demolition and for Injunctive Relief pursuant to Action for Inverse Condemnation, Consumer Service Fraud, Conversion to Real Property as an Access to Crime upon Counsel Howard C. Jablecki, et al., Attorney for the Plaintiff, represented by the Law Firm of Klein, Thorpe, and Jenkins, Ltd., http://www.ktjlaw.com/, e-mail http://www.blogger.com/hcjablecki@ktjlaw.com; mailto:lcmalina@ktjlaw.com;mailto:csgrandfield@ktjlaw.com pending case status hearing on April 28th, 2008 at 9:30 a.m., in Room 2005, and delivered the same in person, on the 26th day of March 2008.
Gardenia C. Hung, M.A., Pro Se (Reserved Signature)
_______________________________
Defendants 502 S. Westmore-Meyers Road
Lombard, Illinois 60148-3028
United States of America
Email: gardeniac_hung@yahoo.com
Executed this 24th day of March, in the year 2008, the Village of Lombard,
County of Du Page, in the State of Illinois, United States of America
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.

_________________________________________
(Reserved Signature)
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




Verification

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















DEFENDANTS’ MOTION TO COMPEL ORDER TO REPAIR
DEFENDANTS’ MOTION FOR AN ORDER TO REPAIR THE SUBJECT PROPERTY AS PROPOSED BY THE ZEES GROUP SERVICES, IN EXHIBIT C, FOR CONTRACTS A-1, B-1, AND C-1, WITH A THIRD OBJECTION TO THE VERIFIED COMPLAINT FOR DEMOLITION AND FOR INJUNCTIVE RELIEF PURSUANT TO THE FIFTH AMENDMENT AND FOURTEENTH AMENDMENT TO THE CONSTITUTION OF THE UNITED STATES OF AMERICA, AND ARTICLE 1, SECTION 15 OF THE CONSTITUTION OF THE STATE OF ILLINOIS, THE ILLINOIS HOME REPAIR AND REMODELING ACT, ILLINOIS RESIDENTIAL RIGHT TO REPAIR ACT, PUBLIC ACT NO. 093-0891 (2005), ILLINOIS HUMAN RIGHTS ACT, PRESERVE AMERICA/SAVE AMERICA’S TREASURES (2005) LEGISLATION IN THE U.S. CONGRESS, FEDERAL FAIR HOUSING ACT (TITLE VIII OF THE CIVIL RIGHTS ACT OF 1968); federal trade commission act (FTC, 15 USC § 45 et seq. and 16 CFR, subsequent illinois statutes for consumer service protection against consumer service fraud, deceptive business practices, and prohibited practices established by the illinois general assembly; HATE CRIMES LOCAL LAW ENFORCEMENT ENHANCEMENT ACT; UNDER THE DOCTRINE OF ACTION FOR INVERSE CONDEMNATION, CONSUMER SERVICE FRAUD, CONVERSION OF REAL PROPERTY AS AN ACCESS TO CRIME, UNDER THE CONSTITUTION OF THE UNITED STATES OF AMERICA, AND THE CONSTITUTION OF THE STATE OF ILLINOIS, BILL OF RIGHTS, AND SUBSEQUENT STATUTES UNDER THE ILLINOIS GENERAL ASSEMBLY.
Defendants hereby present this Motion to Compel Court Order to Repair the Subject Property, P.I.N. No.06-09-314-038, located at 502 S. Westmore Avenue, in the Village of Lombard, Illinois 60148-3028, in the County of Du Page, United States of America. Defendants petition to redress grievances by this Motion to Compel Court Order to Repair by Contractual Agreement signed by Gardenia C. Hung, Executor Trustee of the Estate of Mr. Roberto Hung, J.D. on behalf of the Hung Family, to engage Zees Group Services since November 2006, before the Village of Lombard and Keith Steiskal reported condemnation and filed a Verified Complaint for Demolition and for Injunctive Relief during April 6, 2007.
ZSC Insurance Restoration Services underwrites the proposed disaster-construction plans by Zees Group Services, General Contractor License No.GC052400D, located at 6850 West Montrose Avenue, Hardwood Heights, Illinois 60706-7192, Telephone: 708/867-7676; Fax: 708/867-6868, Web Site: http://www.zeesgroup.com/; Email: zeesgroup@zeesgroup.com Zees Group Services provide Repair, Restoration, and Disaster-Construction Services in the Chicagoland area and nation-wide.
Gardenia C. Hung has engaged Zees Group Services in order to repair, restore, renovate, remodel, and preserve the Lombard Historical Brick Bungalow purchased by the late Mr. Roberto Hung, J.D. during September 1996 and owned by the Estate of the Roberto Hung Supplemental Care Trust, and the Hung Family in the Village of Lombard, Du Page County, Illinois, USA. The subject property has been damaged, distressed, and is currently in a state of disrepair because the Village of Lombard has allowed unauthorized access entries, unapproved services, and acted without legal power of attorney, in “bad faith”, against this Lombard real estate property owned by Gardenia C. Hung, et al. Since 2004, 2005, 2006, 2007, and currently in 2008, Plaintiff and Counsel Howard C. Jablecki, et al. for the law firm of Klein, Thorpe, and Jenkins, Ltd., have been delaying, hindering, and preventing repair construction to restore and preserve this Lombard Historical Brick Bungalow, built in 1927, for the Lilac Town Festival and Lombard anniversary.
Zees Group Services have proposed disaster-construction plans attached hereto as Exhibit C for Contracts A-1, B-1, and C-1, for the following:
Contract A-1 includes construction plans to repair and replace existing roofing damages and losses to the house and the garage in redwood roofing shingles, with a 25-year warranty. In addition, Zees Group Services will supply and install aluminum rain gutters, LeafGuard ductwork, soffit, fascia, downspouts, and secure existing electrical wiring and holdings for the TV antenna on the roof. This restoration work also includes plumbing repair, electrical wiring renovation, re-installation of existing telephone lines, debris removal, and drywall replacement needed due to water damage, with complete painting and remodeling of the entire house and the garage interiors.
Contract B-1 is designated to repair extensive damages to the existing Gothic wooden fence and posts, which have been splintered, broken, and cut off by the surrounding neighbors, the Carpenters, trespassers, vandals, former tenants, criminal terrorists in the Village of Lombard, Du Page County, Illinois. Also, this disaster-construction proposal includes complete plans to remodel the basement for Interior Restoration, Insulation, Weather-proofing from the first level to the second level, throughout all double-walls, the entire house and the garage—damaged by unauthorized access entries and Lombard water rupture, flooding, and bursting of the plumbing pipes, caused by ungauged water pressure requiring PSI valves to be installed by engineers, Public Works, Water and Sewage Service onto the storm draining system control.
Contract C-1 proposed to preserve and restore the Lombard Historical Brick Bungalow by tuckpointing, remodeling of all three (3) full bathrooms and interiors, weatherproofing, insulating, replacing the heater furnace and air conditioning system, installing a wood-burning fire place large enough to heat and warm all three levels of the real estate property which require new porch windows, new storm glass windows, new doors, complete remodeling of the three (3) kitchen facilities, dining rooms, living rooms in the basement, first floor, and second floor, along with the 2-car garage; construction and installation of a wooden deck with new access/exit entry to the back porch to allow disability wheelchairs via a wooden ramp, instead of wooden steps; installation of a new security system with surveillance for this Lombard Historical Brick Bungalow.
Exhibit C for Contracts A-1, B-1, and C-1, developed during Fall 2006, illustrates and supports how Gardenia C. Hung has planned to preserve and restore the Lombard Historical Brick Bungalow with the General Contractor Services provided by Zees Group Services, in order to bring the subject property into compliance with the municipal building code in the Village of Lombard, Du Page County, Illinois, USA.
Along with this Motion to Compel Court Order to Repair, Defendants present a Third Objection to the Verified Complaint for Demolition and for Injunctive Relief, since Gardenia C. Hung proposed repair and disaster-construction plans by Zees Group Services, signed during November 2006, before Keith Steiskal and the Village of Lombard filed a report for condemnation and a Verified Complaint for Demolition and for Injunctive Relief.
Defendants’ proposed plans for repair of the subject property by Zees Group Service precede Keith Steiskal’s condemnation of the Lombard Historical Brick Bungalow during April 2006.

Under the Fifth Amendment to the U.S. Constitution, “no person shall be deprived of life, liberty, or property without due process of law; nor shall private property shall be taken for public use without just compensation.” The Fifth Amendment recognizes the real estate property rights of individuals and guarantees that the government must provide a fair payment to a person whose property is taken for public use.
The Fourteenth Amendment to the U.S. Constitution protects Rights and Guaranteed Privileges and Immunities of Citizenship, Due Process, and Equal Protection. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens in the United States; nor shall any State deprive any person of life, liberty or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.
WHEREFORE, DEFENDANTS, GARDENIA C. HUNG ET AL. PRAY THAT THIS MOTION TO COMPEL COURT ORDER TO REPAIR THE LOMBARD HISTORICAL BRICK BUNGALOW, BE SUSTAINED PURSUANT TO THE CONSTITUTION OF THE UNITED STATES OF AMERICA, AND 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 JUST COMPENSATION UNDER THE DOCTRINE OF INVERSE CONDEMNATION, IN THE FORM OF CASH REMEDY AND MONETARY RELIEF FOR RESTITUTION AND INDEMNITY, 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.
_________________________________________
(Reserved Signature)
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




Verification

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