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AZAR v. OLD WILLOW FALLS CONDO. ASS'N

No. 1-91-0271.

593 N.E.2d 583 (1992)

228 Ill. App.3d 753

170 Ill.Dec. 694

Saul AZAR, Plaintiff-Appellant, v. OLD WILLOW FALLS CONDOMINIUM ASSOCIATION, Defendant-Appellee.

Appellate Court of Illinois, First District, Sixth Division.

Rehearing Denied April 20, 1992.

Attorney(s) appearing for the Case

Ellis B. Levin, Lamet, Kanwit & Davis, Chicago, for plaintiff-appellant.

Marshall N. Dickler, Shelley R.Z. Barnett, Marshall N. Dickler, Ltd., Arlington Heights, for defendant-appellee.

Justice McNAMARA delivered the opinion of the court:

Plaintiff, Saul Azar, beneficial owner of 48 units in the Old Willow Falls Condominium, filed suit to enjoin defendant, Old Willow Falls Condominium Association, from levying a special assessment of $223,000 without obtaining approval from two-thirds of the condominium unit owners. Defendant filed a motion to dismiss plaintiff's claim for failure to state a cause of action, which the trial court granted. After plaintiff...

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