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VILLAGE OF SLEEPY HOLLOW v. PULTE HOME CORP.

No. 2-02-0410.

783 N.E.2d 1093 (2003)

336 Ill. App.3d 506

270 Ill.Dec. 793

The VILLAGE OF SLEEPY HOLLOW, Plaintiff-Appellant, v. PULTE HOME CORPORATION, Defendant-Appellee.

Appellate Court of Illinois, Second District.

January 27, 2003.

Attorney(s) appearing for the Case

William W. Kurnik (argued), Knight, Hoppe, Kurnik & Knight, L.L.C., Des Plaines, Mark Schuster, Schnell, Bazos, Freeman, Framer & Schuster, Elgin, for Village of Sleepy Hollow.

Michael P. Padden (argued), Bryna J. Dahlin, Howrey, Simon, Arnold & White, LLP, Charles L. Byrum, John J. D'Attomo, Gardner, Carton & Douglas, Chicago, for Pulte Home Corp.

Justice BOWMAN delivered the opinion of the court:

Plaintiff, Village of Sleepy Hollow (Sleepy Hollow), appeals the denial of its motion to dismiss the petition for damages of defendant, Pulte Home Corporation (Pulte). Sleepy Hollow contends that the trial court erred in concluding that the issue of Sleepy Hollow's asserted immunity from liability is controlled by section 2-208 of the Local Governmental and Governmental...

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