STREAMS CONDOMINIUM NO. 3 v. BOSGRAF

No. 2-90-1317.

580 N.E.2d 570 (1991)

219 Ill. App.3d 1010

162 Ill.Dec. 607

STREAMS CONDOMINIUM No. 3 ASSOCIATION, Plaintiff-Appellant, v. Linda J. BOSGRAF, Defendant-Appellee.

Appellate Court of Illinois, Second District.

October 7, 1991.


Attorney(s) appearing for the Case

Michael C. Kim, David M. Bendoff, Arnstein & Lehr, Chicago, for The Streams Condominium No. 3.

Janet L. Watson, Watson & Brown, Wheaton, for Linda J. Bosgraf, Harris Trust & Sav. and David Barbur.

Edwin T. Simpson, Wheaton, for Linda Bosgraf.


Justice DUNN delivered the opinion of the court:

Plaintiff, Streams Condominium No. 3 Association (Streams), appeals from an order of the circuit court of Du Page County dismissing its forcible entry and detainer action against defendant, Linda Bosgraf, on the basis that it was barred under the doctrines of collateral estoppel and election of remedies. Streams argues on appeal that the circuit court erred by granting the motion to dismiss. We reverse and remand.<...

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