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CIESLEWICZ v. FOREST PRESERVE DIST.

Nos. 1-10-0801, 1-10-0812.

973 N.E.2d 370 (2012)

362 Ill. Dec. 270

Steven CIESLEWICZ, Independent Administrator of the Estate of Anna M. Cieslewicz, Deceased, Plaintiff-Appellant, v. FOREST PRESERVE DISTRICT OF COOK COUNTY, a Municipal Corporation, Defendant-Appellee. Mary Murphy-Smith and Charles Smith, Plaintiffs-Appellants, v. Forest Preserve District of Cook County, a Municipal Corporation, Defendant-Appellee.

Appellate Court of Illinois, First District, Sixth Division.

May 17, 2012.

Attorney(s) appearing for the Case

Motherway & Napleton, L.L.P. ( Robert J. Napleton , Nicholas J. Motherway , of counsel), Law Offices of John M. Saletta, P.C. ( John M. Saletta , of counsel), Clifford Law Offices, P.C. ( Kevin P. Durkin , Michael S. Krzak , Colin H. Dunn , of counsel), Chicago, Law Offices of Lynn D. Dowd, Wheaton ( Lynn D. Dowd , of counsel), for appellants.

Johnson & Bell, Ltd., Chicago ( Joann T. Angarola , David M. Macksey , Garrett L. Boehm, Jr. , Chicago, for appellee.

Brian Day , Ashley Niebur , Roger Huebner , Springfield, for amicus curiae Illinois Municipal League.

Jason Anselment , Peter Murphy , Springfield, for amicus curiae Illinois Association of Park Districts.

OPINION

Justice LAMPKIN delivered the judgment of the court, with opinion.

¶ 1 Plaintiffs, Steven Cieslewicz and Mary Murphy-Smith and Charles Smith, brought the underlying case as a result of dog attacks occurring on property owned by defendant, Forest Preserve District of Cook County (Forest Preserve). Upon reconsideration, the trial court granted defendant's motion for summary judgment, finding defendant was not an "owner" as defined by the Animal...

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