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Saturday, May 4, 2024

Woman sues title company over duplex facing demolition for not meeting zoning codes

Lawsuits

BELLEVILLE — The owners of a title company are accused of misleading a buyer whose duplex is allegedly facing demolition because the property fails to meet St. Libory zoning codes. 

Shauna Despain filed a complaint Oct. 12 in the St. Clair County Circuit Court against Jerome Middeke, Sr., Helen Middeke and Highland Community Title LLC, alleging breach of contract and negligence. 

According to the suit, Despain purchased a duplex located in St. Libory from the defendants in February for $250,000. He allegedly received an Owner's Policy of Title Insurance on the property on Feb. 18. Despain alleges that on June 9, the City of St. Libory notified her that the "division" of her duplex property "into two residences and the division of the single parcel into two separate and distinct parcels" was in violation of the Village of St. Libory's zoning code. Despain also alleges the city filed for a petition for demolition of her property. She claims that since the Middeke's were the "initial developers" of the subdivision where her duplex is located, they were well aware of the city's building and zoning requirements but failed to disclose the information.

Despain seeks compensation of more than $100,000 and all other just relief. She is represented by Megan Gilbreth of Blake Behme Gilbreth Links PC in Belleville. 

St. Clair County Circuit Court case number 20-L-0791

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