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BRIARCLIFFE LAKESIDE TOWNHOUSE OWNERS ASS'N v. CITY OF WHEATON

No. 2-87-0726.

170 Ill. App.3d 244 (1988)

524 N.E.2d 230

BRIARCLIFFE LAKESIDE TOWNHOUSE OWNERS ASSOCIATION, Plaintiff-Appellant, v. THE CITY OF WHEATON, Defendant-Appellee.

Appellate Court of Illinois — Second District.

Rehearing denied June 30, 1988.

Attorney(s) appearing for the Case

Francis D. Morrissey, Mark L. Karasik, Lisa Sopata, and John T. Coleman, all of Baker & McKenzie, of Chicago (Karen Kies DeGrand, of counsel), for appellant.

Edward J. Walsh, Jr., Chartered, of Wheaton (Edward J. Walsh, Jr., of counsel), for appellee.

Judgment affirmed.

JUSTICE INGLIS delivered the opinion of the court:

Plaintiff, Briarcliffe Lakeside Townhouse Owners Association (association), brought this action for declaratory and equitable relief seeking to compel defendant, City of Wheaton, to repair erosion damage on two lakes in a development known as Briarcliffe Lakeside Unit No. 1 (Briarcliffe Lakeside). The association's amended complaint alleges that the lakes are part of an easement granted...

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