Developers sue partners over broken Markham gas station, shopping plaza agreement

Carol Ostrow May 15, 2015, 11:15am

Two Cook County residents filed suit against a corporation and its individual proprietor for alleged breach of contract in a 2005 incident.

Najla Al-Rayyan and Fouad Al-Qawasmi brought suit May 6 in Cook County Circuit Court against Samir Elmosa, of Palos Park, and Skyline Petroleum Inc. asserting liability in a November 2005 contract dispute.

The suit alleges the plaintiffs bought a vacant tract of land from the defendants in Markham in November 2005, with the defendants retaining a one-third interest in the property. According to the filing, the defendants represented to the plaintiffs the property could be developed into a gas station, convenience store and retail plaza.

According to court documents, the plaintiffs obtained a loan to finance the work, while the defendant managed the project and hired contractors. Their purported mutual agreement was that at the conclusion of the development project, the entire property would be sold to a previously secured buyer. If the sale fell through, the gas station could be leased to fulfill the mortgage obligations.

Al-Rayyan and Al-Qawasmi allege Elmosa breached his fiduciary duty by allowing liens, judgments and lawsuits to be filed against the plaintiffs due to a delay in the project. Plaintiffs seek compensation of more than $50,000, plus attorney’s fees and costs.

The plaintiffs are represented by Fadi Rafati and Howard Ward, of Rafati, Ward & Associates in Worth.

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