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KLEMP v. HERGOTT GROUP, INC.

Nos. 1-93-0833, 1-93-3058.

641 N.E.2d 957 (1994)

267 Ill.App.3d 574

204 Ill.Dec. 527

Mathias G. KLEMP and Mary Jane Klemp, Plaintiffs-Appellants, v. HERGOTT GROUP, INC. an Illinois corporation, d/b/a Castlewood Development Company, and Washington National Development Company, a Delaware corporation, Defendants-Appellees.

Appellate Court of Illinois, First District, Fifth Division.

October 14, 1994.

Attorney(s) appearing for the Case

Gary A. Weintraub, Chicago (Gary A. Weintraub, of counsel), for appellants.

Cohen, Cohen & Salk, P.C., Deerfield (Bruce A. Salk, David J. Seery, of counsel), for appellees.

Justice COUSINS, delivered the opinion of the court:

Plaintiffs, Mathias G. Klemp and Mary Jane Klemp, filed an action against defendants, Hergott Group, Inc., d/b/a Castlewood Development Company, and Washington National Development Company, to obtain a declaratory judgment determining that defendants are required to either (1) file and prosecute an action in court seeking a change in the zoning classification of property conveyed by a "real estate contract" from...

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