SMITH v. JACK NICKLAUS DEVELOPMENT CORP. OF ILL.

No. 2-91-0404.

587 N.E.2d 1243 (1992)

225 Ill. App.3d 384

167 Ill.Dec. 628

James S. SMITH et al., Plaintiffs-Appellants and Counterdefendants, v. JACK NICKLAUS DEVELOPMENT CORPORATION OF ILLINOIS, Defendant (Harvey M. Silets et al., Defendants-Appellees and Counterplaintiffs; Wynstone Property Owners, Inc., Counterdefendants).

Appellate Court of Illinois, Second District.

February 20, 1992.


Attorney(s) appearing for the Case

Katz, Randall & Weinberg, Chicago, Jeffrey H. Bunn (argued), Stephen T. Saporta, for James S. Smith, Cynthia M. Smith, Wynstone Property Owners.

Silets & Martin, Ltd., Locke E. Bowman, Sachnoff & Weaver, Ltd., Arnold Pagniucci (argued), Chicago, for Harvey M. Silets, Elaine G. Silets, Jack Nicklaus Development Corp.


Justice WOODWARD delivered the opinion of the court:

The trial court dismissed the amended verified complaint of plaintiffs, James and Cynthia Smith. On appeal, plaintiffs argue that the court below erred in doing so. No issues are raised regarding the injunction entered pursuant to a third-party complaint filed by Harvey and Elaine Silets (the Silets) against plaintiffs and Wynstone Property Owners Association (WPOA).

This case arises out of the development...

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