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PEOPLE EX REL. LUMPKIN v. FRANTZ

No. 3-97-1028.

714 N.E.2d 1068 (1999)

306 Ill. App.3d 267

239 Ill.Dec. 771

PEOPLE of the State of Illinois ex rel. John R. LUMPKIN, M.D., Director of the Illinois Department of Public Health, Plaintiffs-Appellants, v. Peggy FRANTZ, individually, and d/b/a Lake Manor and Retirement Home Consultants, Inc. Trustee of Trust No. 838; Charles H. Black, Jr.; Diane Tucker; and Delphine Zeedyk, Defendants-Appellees.

Appellate Court of Illinois, Third District.

July 13, 1999.

Attorney(s) appearing for the Case

James Ryan, Attorney General, Barbara A. Preiner, Solicitor General, Sally A. Swiss, Assistant Attorney General (argued), Chicago, for the People.

John A. Bernardi (argued), Pekin, for Retirement Home Consultants.

Kevin McDermott (argued), Springfield, for Peggy Frantz.

J. Michael Mathis, Peoria, for Appellee.

Presiding Justice HOLDRIDGE delivered the Opinion of the Court:

The People ex rel. John R. Lumpkin, M.D., Director of the Illinois Department of Public Health, brought a nuisance action against Peggy Frantz, individually and d/b/a Lake Manor, and Retirement Home Consultants, Inc., among others, alleging that the defendants operated or maintained a facility in violation of the Nursing Home Care Act (Act) (210 ILCS 45/1-101 et seq. (West 1994)). The complaint...

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