Suit claims tenants failed to insure building destroyed by fire

Kelly Holleran Jun. 15, 2010, 10:00am

A St. Clair County company blames a St. Clair Couty business and individuals for allowing a fire to destroy an East St. Louis building it owns.

Broadway Avenue filed a suit June 2 in St. Clair County Circuit against 1st Source Pallets, Steve Wilson, Diane Hoffman and Bernard Buchanan.

Broadway Avenue claims it owns property and a warehouse building at 2000 Broadway Ave. in East St. Louis and subleased the property to the defendants.

Under the terms of the lease, the defendants agreed to insure, maintain and surrender the premises back to Broadway Avenue in the same condition as they were originally received, according to the complaint.

On June 2, 2005, the premises were destroyed by fire, the suit states.

"Defendant breached the aforementioned oral contract by failing to sufficiently insure, maintain and surrender such premises in its condition as of the commencement of such oral contract in that Defendant restored/repaired the warehouse building on the Premises that was destroyed by fire on June 2, 2005," the complaint says.

Because of 1st Source Pallets' alleged breach of contract, Broadway Avenue claims lost the full value of its property and use of its interest in the premises.

In its four-count complaint, Broadway Avenue seeks judgment of more than $400,000 and other relief the court deems just.

Garrett P. Hoerner of Belleville will be representing it.

St. Clair County Circuit Court case number: 10-L-275.

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