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05/08/87 Best Coin-Op, Inc., v. Old Willow Falls

May 8, 1987

BEST COIN-OP, INC., PLAINTIFF-APPELLANT

v.

OLD WILLOW FALLS CONDOMINIUM ASSOCIATION ET AL., DEFENDANTS-APPELLEES



APPELLATE COURT OF ILLINOIS, FIRST DISTRICT, FIFTH DIVISION

511 N.E.2d 649, 158 Ill. App. 3d 492, 110 Ill. Dec. 472 1987.IL.600

Appeal from the Circuit Court of Cook County; the Hon. Joseph M. Wosik, Judge, presiding.

APPELLATE Judges:

JUSTICE PINCHAM delivered the opinion of the court. SULLIVAN, P.J., and LORENZ, J., concur.

DECISION OF THE COURT DELIVERED BY THE HONORABLE JUDGE PINCHAM

Plaintiff, Best Coin-Op, Inc., pursuant to an agreement, operated laundry room facilities in a 176-unit residential building. The agreement provided that any dispute arising under the agreement would be submitted to arbitration. A dispute arose, but plaintiff filed a lawsuit in which plaintiff requested an injunction against defendant Old Willow Falls Condominium Association (Old Willow Falls). Defendant Ilg Supply Company, Inc. (Ilg), which was not a party to the agreement between plaintiff and defendant Old Willow Falls, intervened in that lawsuit. Ilg is currently operating the laundry room facilities pursuant to a lease agreement with Old Willow Falls. Old Willow Falls and Ilg each filed a motion to dismiss. On August 17, 1983, the following colloquy occurred:

"THE COURT: It is this court's opinion, because of the facts and circumstances and diversions of opinion of you lawyers as well as in my mind, the law that is applicable herein is that a temporary restraining order should not be granted in this matter. It should be referred to an arbitration board. I will continue the case until that matter has been disposed of.

MR. O'BRIEN [Counsel for plaintiff]: Is there a ruling on [the] Motion to Dismiss, your Honor? We need that ruling. Are you sustaining the Motion to Dismiss?

THE COURT: I'll sustain their motion to Dismiss."

The trial court then entered the following order:

"This cause having come on to be heard on the Motion of Plaintiffs for the entry of [a] temporary restraining order and Defendants' Motions to Dismiss the same, and the Court having heard the arguments of counsel and being thus advised in the premises, IT IS HEREBY ORDERED:

1. That the Motion for [a] Temporary Restraining Order is denied.

2. That the matter is referred to arbitration for proceedings consistent with the agreement.

3. That this matter is continued until the Conclusion of the arbitration and the matter set ...


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