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SCHIVARELLI v. CHICAGO TRANSIT AUTHORITY

No. 1-02-1735.

823 N.E.2d 158 (2005)

355 Ill. App.3d 93

291 Ill.Dec. 148

Mary and Peter SCHIVARELLI, Plaintiffs-Appellees, v. The CHICAGO TRANSIT AUTHORITY, a Municipal Corporation, Defendant-Appellant.

Appellate Court of Illinois, First District, Fourth Division.

January 20, 2005.

Attorney(s) appearing for the Case

General Counsel of the Chicago Transit Authority, Chicago (Robert S. Rivkin, Thomas J. Bamonte, Ellen L. Partridge and Stephen L. Wood, of counsel), for Appellant.

Baker & McKenzie, Chicago (Sidney M. Kaplan and Anthony G. Stamato, of counsel), for Appellee.

Justice QUINN delivered the opinion of the court:

In March 1983, plaintiffs, Mary and Peter Schivarelli, entered into a lease agreement with defendant, the Chicago Transit Authority (CTA), to lease the unused space under the Fullerton El stop in Chicago. Under the agreement, plaintiffs agreed to construct and operate a hot dog stand, Demon Dogs, at the site. In 1997, the CTA discovered that it had mistakenly been paying the utility expenses for Demon Dogs with its...

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