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TERRILL v. OAKBROOK HILTON SUITES & GARDEN

No. 2-02-0415.

788 N.E.2d 789 (2003)

338 Ill. App.3d 631

273 Ill.Dec. 198

Cathy TERRILL, Plaintiff-Appellee, v. OAKBROOK HILTON SUITES AND GARDEN INN, LLC, d/b/a Hilton Suites and Garden Inn, Defendant-Appellant.

Appellate Court of Illinois, Second District.

April 21, 2003.

Attorney(s) appearing for the Case

Howard W. Foster, Robert J. Comfort, Steven A. Marderosian, Johnson & Bell, Ltd., Chicago, for Oakbrook Hilton Suites.

Vincent L. DiTommaso, Peter S. Lubin, DiTommaso-Lubin, Oakbrook Terrace, for Cathy Terrill.

Justice BYRNE delivered the opinion of the court:

Defendant, Oakbrook Hilton Suites and Garden Inn, appeals the denial of its motion to involuntarily dismiss with prejudice the complaint brought by plaintiff, Cathy Terrill. Defendant contends that the trial court erred in concluding that section 3(f) of the Hotel Operators' Occupation Tax Act (Act) (35 ILCS 145/3(f) (West 2000)) barred plaintiff from directly suing defendant.

The pleadings, affidavits, depositions...

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