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BRIARCLIFFE TOWNHOUSE OWNERS ASS'N v. WISEMAN CON. CO.

No. 82-771.

118 Ill. App.3d 163 (1983)

454 N.E.2d 363

BRIARCLIFFE WEST TOWNHOUSE OWNERS ASSOCIATION, Plaintiff-Appellant, v. WISEMAN CONSTRUCTION COMPANY, Defendant-Appellee.

Appellate Court of Illinois — Second District.

Opinion filed September 19, 1983.

Attorney(s) appearing for the Case

John B. Kincaid, of Mirabella & Kincaid, of Wheaton, for appellant.

Gary L. Taylor, of Rathje, Woodward, Dyer & Burt, of Wheaton, for appellee.

Affirmed in part, and reversed in part and remanded.

PRESIDING JUSTICE SEIDENFELD delivered the opinion of the court:

The principal issue is whether a homeowner's association which holds title to common land in a planned unit development may maintain an action for breach of an implied warranty of fitness of the common land, in which the homeowners possess easements. The plaintiff, Briarcliffe West Townhouse Owners Association, a not-for-profit corporation...

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