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ALVAREZ v. PAPPAS

No. 1-06-0098.

870 N.E.2d 853 (2007)

Santos ALVAREZ and Marie Perez Alvarez; Phillip Douglas; Andrew Dratt and Sophie Dratt; Faye H. Nazon; Polish Women's Alliance of America; Evanston Plaza L.L.C.; and David Lawless, Individually and on Behalf of All Others Similarly Situated, Plaintiffs-Appellants, v. Maria PAPPAS, Treasurer and ex-officio Collector of Cook County, Illinois, Defendant-Appellee.

Appellate Court of Illinois, First District, First Division.

June 4, 2007.

Attorney(s) appearing for the Case

Michael W. Rathsack (Richard A. Ginsburg, Theodore J. Schmidt, Steven A. Salzman and Timothy E. Moran, of counsel), for Plaintiffs.

Richard A. Devine, State's Attorney of Cook County, Chicago (Patrick J. Driscoll, Jr., Deputy State's Attorney, Michael C. Prinzi and Paul A. Castiglione, Assistant State's Attorneys, of counsel), for Defendant.

Presiding Justice McBRIDE delivered the opinion of the court:

Plaintiffs appeal from an order of the circuit court of Cook County dismissing their first amended complaint pursuant to section 2-619(a)(5) of the Code of Civil Procedure (735 ILCS 5/2-619(a)(5) (West 2004)). The circuit court held that plaintiffs' claims for a return of duplicate real estate tax payments were barred by the five-year statute of limitations in...

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