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NOTARO HOMES, INC. v. CHICAGO TITLE INS.

No. 2-98-1196.

722 N.E.2d 208 (1999)

309 Ill. App.3d 246

242 Ill.Dec. 719

NOTARO HOMES, INC., Plaintiff-Appellant, v. CHICAGO TITLE INSURANCE COMPANY, Defendant-Appellee.

Appellate Court of Illinois, Second District.

Rehearing Denied January 24, 2000.

Attorney(s) appearing for the Case

Thomas E. Sullivan, Momkus, Ozog & McCluskey, Downers Grove, for Notaro Homes, Inc.

James, Gustafson & Thompson, Ltd., Ari J. Rosenthal, Naperville, for Chicago Title Insurance Company.

Justice GALASSO delivered the opinion of the court:

On October 7, 1997, plaintiff, Notaro Homes, Inc., filed a four-count complaint against defendant, Chicago Title Insurance Company, alleging that defendant's failure to disclose to it the existence of a recorded amendment (amendment) to the City of McHenry's (City) zoning ordinance resulted in the purchase of a City lot upon which an intended apartment building could not be built. In count I, plaintiff sought a declaratory...

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