Eviction suit added to dispute between Kane County horse rescue and landlords
The dispute between a horse rescue group and its landlords has taken another turn, with the landlords trying to evict the nonprofit organization from the rural Kane County farm it calls home.
However, a Kane County judge has slowed the eviction process by ordering that it be merged with a lawsuit that Casey’s Safe Haven filed in March against the owners of the Maple Park property.
The owners of the farm filed the eviction suit on June 3. According to court paperwork, the property owners gave a 30-day notice of termination on April 11. The eviction case was due to have its first court date on Tuesday, July 15, before Kane County Judge Elizabeth Flood.
Then Kane County Judge Kevin Busch decided on July 8 to handle the case to ensure efficiency. He noted that many of the facts and legal arguments involved in the eviction case would also be relevant to the lawsuit.
He also ordered that the landowners stop removing Casey’s equipment and other items from a garage on the property. Joseph Sauber, the attorney representing the landlords, told Busch the garage was never intended to be included in the lease with Casey.
Casey’s describes itself as a “holistic equine rescue dedicated to healing horses, ponies, donkeys and mules in need.”
The group has been at the property since 2019. It did not have a written lease. It is suing to stop the sale of the property, saying the owners had promised Casey’s would have the right to buy it first. They also claim the owners had promised to sell the site to Casey’s for the amount left on the owners’ mortgage.
The lawsuit claims the landowners marketed the property months earlier than Casey’s was told. The owners decided to sell to another party despite Casey’s representatives informing them that the organization secured financing for the purchase, according to the suit.
The lawsuit exposed cracks in the nonprofit organization.
The two women who own the property, Nancy McCormick of St. Charles and Jerilyn Tatje of Oswego, are lifetime members of the organization. McCormick was once its secretary.
They bought the property when the rescue had to move from its previous home near Batavia.
In a written statement, McCormick mentioned meeting with representatives from Casey's in June 2024 to discuss concerns regarding the organization's viability and its ability to pay rent and maintain the property.
McCormick said when their real estate agent started showing the property in November 2024, they always told two representatives from the organization about the visits.
Representatives from Casey’s said they learned the farm was up for sale in December 2024. A board member said the rescue was caught off guard.
The rescue’s license is in good standing, according to the Illinois Department of Agriculture.
The next court date is Aug. 5.