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CITY OF CHICAGO v. LATRONICA ASPHALT AND GRADING, INC.

No. 1-02-2524.

805 N.E.2d 281 (2004)

346 Ill. App.3d 264

281 Ill.Dec. 913

The CITY OF CHICAGO, a Municipal Corporation, Plaintiff-Appellant, v. LATRONICA ASPHALT AND GRADING, INC., an Illinois Corporation, Defendant-Appellee.

Appellate Court of Illinois, First District, First Division.

February 17, 2004.

Attorney(s) appearing for the Case

Mara S. Georges, Corporation Counsel of the City of Chicago (Lawrence Rosenthal, Benna Ruth Solomon, and Jane Elinor Notz, of counsel), for Plaintiff-Appellant.

Carey, Filter, White & Boland, Chicago (Michael J. Murray and Edmund P. Boland, of counsel), for Defendant-Appellee.

Justice McBRIDE delivered the opinion of the court:

Plaintiff-appellant, City of Chicago (City), filed a complaint against defendantappellee, Latronica Asphalt & Grading, Inc. (Latronica), which sought damages in connection with the City's cleanup of illegal waste disposed of on a lot in the City of Chicago (the Site). Latronica filed a motion to dismiss which sought to strike the complaint on the ground that the alleged dumping by Latronica occurred more than...

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