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PEOPLE EX REL. LEE v. KENROY, INC.

No. 76-848.

370 N.E.2d 78 (1977)

54 Ill. App.3d 688

12 Ill.Dec. 455

PEOPLE of the State of Illinois ex rel. James F. LEE, a citizen and taxpayer of the State of Illinois, Plaintiffs-Appellants, v. KENROY, INC., an Illinois Corporation, and Edgewater Company, an Illinois partnership, and La Salle National Bank, a national banking association, as Trustee under Trust Agreements dated October 15, 1967, October 21, 1968 and October 21, 1968, and known as Trust Numbers 37223, 38705 and 38706, and not Individually, Defendants-Appellees.

Appellate Court of Illinois, First District, Fifth Division.

November 10, 1977.

Attorney(s) appearing for the Case

Dore & O'Toole, Chicago, for plaintiffs-appellants.

Friedman & Koven, Burke & Weber, Chicago, for defendants-appellees; Paul Homer, Thomas T. Burke, Lawrence M. Templer, Chicago, of counsel.

WILSON, Justice.

Plaintiff, James F. Lee, a citizen and taxpayer of the State of Illinois, appeals from an order of the circuit court which granted defendants' motion to dismiss plaintiff's complaint. Two issues are presented for our consideration: whether plaintiff has standing to maintain this action on behalf of the State; and whether the claims stated are such as to properly be the subject of a taxpayer's action. We affirm the order of dismissal of the circuit...

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