Moreland v. Scott, No. 5-13-0362, 2014 Ill. App. Unpub. LEXIS 103 (Ill. App. Ct. Jan. 23, 2014)

(farm purchasers sought to oust tenants who were farming the property under a three-year written lease; the purchasers filed a complaint for forcible entry and detainer (FED) against the tenants and sought an order enjoining them from possession; the tenants denied the allegations and asserted that they were in lawful possession of the farm under the lease; nearly two months after filing the complaint, the purchasers delivered a notice of termination of tenancy to the tenants, listing instances in which the tenants had defaulted under the lease; the trial court issued an order preliminarily enjoining the tenants from possessing the farmland, pending the outcome of the trial; the tenants filed an interlocutory appeal, and the appellate court vacated the preliminary injunction; the court found that the FED action was prematurely filed and the tenants’ rights to due process were violated because the purchasers failed to serve the tenants with proper written notice of termination 10 days before filing their action; the cause was dismissed without prejudice).