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LEHMANN v. ARNOLD

No. 4-84-0667.

137 Ill. App.3d 412 (1985)

484 N.E.2d 473

MARK A. LEHMANN et al., Plaintiffs-Appellants, v. DAVID B. ARNOLD et al., Defendants (Gene Bateman et al., Defendants-Appellees).

Appellate Court of Illinois — Fourth District.

Opinion filed October 7, 1985.

Attorney(s) appearing for the Case

Jeffrey W. Tock, of Phebus, Tummelson, Bryan & Knox, of Urbana, for appellants.

Ray Moss, of Ray Moss & Associates, of Clinton, for appellee Bloomington Federal Savings & Loan Association.

Michael J. Tague, of Franklin, Flynn & Palmer, of Champaign, for other appellees.

Affirmed in part, and reversed in part and remanded.

JUSTICE McCULLOUGH delivered the opinion of the court:

The plaintiffs, Mark and Julie Lehmann, brought this suit for damages caused by the periodic flooding of their home. Two counts were directed against Gene and Leslie Bateman, the developers of the subdivision in which the house lies. One count alleged a breach of an implied warranty of habitability, and the other asserted the Batemans had negligently...

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