Legal Question in Civil Litigation in Illinois

My Brother and I started a business 2 years ago. As of last month my brother had asked me to take a break for a while. I took 1 month off and told Kim Davis (Bar Manager) that I was coming back to work, She called everyone in including the original owner of the bar. So when I arrived everyone one was there. My brother and the original owner came outside to talk to me and informed me that i wasnt going back in the bar and i was no longer welcome. I said that my name is still on the lease and I was going in to get my belongings. They called the cops. Do I or dont I have rights to the establishment that my brother and i opened and signed for.


Asked on 6/10/10, 9:22 am

1 Answer from Attorneys
Stephen Messutta

If you are obligated on the lease you definitely have possessory rights under it, but if there is a business agreement of any kind, like a partnership agreement between your brother and you, that might trump your rights. There isn't enough information here to be able to give you a decent outline of possible options. You also don't say whether the police came or whether you stuck around to see if they did, or what happened.... This sounds like the tip of the iceberg and we can't tell what's under the surface. Feel free to try us again but with probably 2 years worth of history here, it's unlikely we'll be able to do much more than point you (with a bit more detail) to a lawyer in your area. PS it's partnership and business law more so that litigation you're talking about.

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Answered on 6/10/10, 1:39 pm


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