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FISHER v. BURSTEIN

No. 2-01-0661.

776 N.E.2d 872 (2002)

333 Ill. App.3d 803

267 Ill.Dec. 500

Jean FISHER, Joseph Fisher, Janet Fisher, and Susan Yellen; James Otis and Margaret Otis, Individually and as Trustee of the Margaret B. Otis Trust; Adlai Stevenson and Nancy Stevenson, Plaintiffs-Appellants, v. Joseph BURSTEIN; Chestnut Mountain Lodge Joint Venture and its unknown owners; Chestnut Mountain Resort, Inc.; Chestnut Mountain Slide Company; Chestnut Mountain Ski Corporation; Galena Lodge Corporation; and Jo Daviess County, Defendants-Appellees.

Appellate Court of Illinois, Second District.

September 17, 2002.

Attorney(s) appearing for the Case

John W. Cox, Jr., Cox & Ward, Galena, James T. Otis, Hanover, for Janet Fisher, Jean Fisher, Joseph Fisher, James Otis, Margaret Otis, Adlai Stevenson, Nancy Stevenson, Susan Yellen.

Robert Marc Chemers, Edward H. Nielsen, Gary A. Peters, Scott L. Howie, Pretzel & Stouffer, Chtd., Chicago, Philip F. Jensen, Hammer, Simon & Jensen, Galena, for Joseph Burstein, Chestnut Mountain Lodge Joint, Chestnut Mountain Resort, Inc., Chestnut Mountain Ski Corporation, Chestnut Mountain Slide Co., Galena Lodge Corporation.

Glen R. Weber, Jo Daviess County State's Attorney, Galena, for Jo Daviess County.

Justice McLAREN delivered the opinion of the court:

Plaintiffs appeal from the trial court's order granting summary judgment in favor of defendants and denying summary judgment to plaintiffs. We affirm.

Defendants Chestnut Mountain Lodge Joint Venture and Its Unknown Owners, Chestnut Mountain Resort, Inc., Chestnut Mountain Slide Company, and Chestnut Mountain Ski Corporation, of which defendant Joseph Burstein is an owner, operate a ski resort in unincorporated...

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