ADDISON v. DISTINCTIVE HOMES, LTD.

No. 1-04-0151.

836 N.E.2d 88 (2005)

359 Ill. App.3d 997

296 Ill.Dec. 673

Dennis ADDISON, Karen Addison, James Alberts, James Allen, Kathleen Cashman, Michael Cashman, Alyce Dalto, Janice Fleury, Dolores Gacki, Arnold Gacki, Daniel Gomez, Irene Gomez, Robert Harrison, Kathleen Harrison, Michael Johnson, Bonnie Johnson, John Kostovich, Carol Kostovich, Michael Matkovich, Betty Matkovich, Alan May, Bobette May, Jimmy McColgan, Corby Neumann, Steven Pedlow, William Silk, Linda Silk, and Karen Vaicaitis, Plaintiffs-Appellants, v. DISTINCTIVE HOMES, LTD., Bryan Nooner, MGM Development, Inc., and Jack Mayher, Defendants-Appellees.

Appellate Court of Illinois, First District, Fourth Division.

Rehearing Denied October 3, 2005.


Attorney(s) appearing for the Case

Edelman, Combs, Latturner & Goodwin, LLC, of Chicago, (Daniel A. Edelman, Cathleen M. Combs, James O. Latturner, Francis R. Greene), for Appellants.

Condon & Cook, L.L.C., of Chicago (Vincent P. Cook, Guy M. Conti), for Appellees MGM Development, Inc. and Jack Mayer.

James J. Roche & Associates, of Chicago (James J. Roche, W. Matthew Bryant), for Appellees Distinctive Homes and Bryan M. Nooner.


Justice GREIMAN delivered the opinion of the court:

Plaintiffs appeal from the circuit court's dismissal of their second amended complaint for common law and statutory fraud. For the reasons that follow, we affirm.

Plaintiffs are all owners of residences in the Preserve at Marley Creek subdevelopment (Preserve) in Orland Park. Defendant MGM Development, Inc. (MGM), initially developed the Preserve and constructed several single-family homes there. Defendant...

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