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12/18/89 Board of Managers of Old v. Glenview State Bank

December 18, 1989

ASSOCIATION, PLAINTIFF-APPELLANT

v.

GLENVIEW STATE BANK, DEFENDANT-APPELLEE (NEW PROSPECT DEVELOPMENT CORPORATION ET AL., DEFENDANTS). --

GLENVIEW STATE BANK, PLAINTIFF-APPELLEE

v.

BOARD OF MANAGERS OF OLD WILLOW FALLS CONDOMINIUM ASSOCIATION, DEFENDANT-APPELLANT (FIRST



APPELLATE COURT OF ILLINOIS, FIRST DISTRICT, FIRST DIVISION

BOARD OF MANAGERS OF OLD WILLOW FALLS CONDOMINIUM

National Bank and Trust

Company of

Evanston et

al., Defendants)

No. 1-88-2307

551 N.E.2d 996, 193 Ill. App. 3d 1057, 141 Ill. Dec. 653 1989.IL.1967

Appeal from the Circuit Court of Cook County; the Hon. Albert Green, Judge, presiding.

APPELLATE Judges:

PRESIDING JUSTICE BUCKLEY delivered the opinion of the court. CAMPBELL and O'CONNOR, JJ., concur.

DECISION OF THE COURT DELIVERED BY THE HONORABLE JUDGE BUCKLEY

The Board of Managers of Old Willow Falls Condominium Association (the association) filed an eight-count complaint against several defendants to recover unpaid condominium assessments, damages for breach of fiduciary duty to the association during its condominium conversion, and other related causes of action. The instant appeal involves only defendant Glenview State Bank and its dismissal from the association's complaint, alleging a breach of duty under the Condominium Property Act (the Act) (Ill. Rev. Stat. 1987, ch. 30, par. 301 et seq.) to pay unpaid assessments on certain condominium units as a "co-developer."

The circuit court granted GSB's motion to dismiss the association's original count I of its complaint pursuant to the Illinois Code of Civil Procedure (the Code) (Ill. Rev. Stat. 1987, ch. 110, par. 2-619), but granted the association leave to amend count I as to GSB. The "First-Amended Count I" *fn1 was filed, and, in response, GSB filed a motion to dismiss pursuant to section 2-615 of the Code (Ill. Rev. Stat. 1987, ch. 110, par. 2-615). The circuit court subsequently dismissed GSB from count I of the association's complaint under section 2-619 of the Code.

Pursuant to Supreme Court Rule 304(a) (107 Ill. 2d R. 304(a)), the circuit court found no just reason for delaying enforcement or appeal of the order as to GSB's dismissal from ...


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