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VILLAGE OF SO. ELGIN v. WASTE MGT. OF ILL.

No. 2-03-0174.

810 N.E.2d 658 (2004)

348 Ill.App.3d 929

284 Ill.Dec. 868

The VILLAGE OF SOUTH ELGIN, Plaintiff-Appellant, v. WASTE MANAGEMENT OF ILLINOIS, INC., Defendant-Appellee (Oak Brook Bank, as Trustee, pursuant to a trust agreement dated April 15, 1983, known as No. 8-1735; Tri County Landfill Company, Inc.; Arc Disposal Company, Inc.; and County of Kane, Defendants).

Appellate Court of Illinois, Second District.

May 28, 2004.

Attorney(s) appearing for the Case

Derke J. Price, Paul N. Keller, Ancel, Glink, Diamond, Bush, DiCianni & Rolek, PC, Chicago, for Village of South Elgin.

Donald J. Moran, Lauren Blair, Pedersen & Houpt, P.C., Chicago, for Waste Management of Illinois, Inc.

Timothy J. Reuland, Linder, Speers & Reuland, P.C., Aurora, for ARC Disposal Company, Inc., County of Kane, Oak Brook Bank, Tri County Landfill Company, Inc.

Justice GROMETER delivered the opinion of the court:

Plaintiff, the Village of South Elgin, appeals an order of the circuit court of Kane County granting motions to dismiss brought by defendant, Waste Management of Illinois, Inc., pursuant to sections 2-615 and 2-619 of the Civil Practice Law (735 ILCS 5/2-615, 2-619 (West 2002)). The trial court dismissed plaintiff's complaint with prejudice. Although plaintiff named a number of additional parties as defendants,...

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