[Download] "Village of South Elgin v. Waste Management of Illinois" by In the Court of Appeals of the State of Illinois Second District * eBook PDF Kindle ePub Free
eBook details
- Title: Village of South Elgin v. Waste Management of Illinois
- Author : In the Court of Appeals of the State of Illinois Second District
- Release Date : January 28, 2004
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 85 KB
Description
Plaintiff, the Village of South Elgin, appeals an order of the circuit court of Kane County granting motions to dismiss brought by defendant, Waste Management of Illinois, Inc., pursuant to sections 2--615 and 2--619 of the Civil Practice Law (735 ILCS 5/2--615, 2--619 (West 2002)). The trial court dismissed plaintiff's complaint with prejudice. Although plaintiff named a number of additional parties as defendants, this appeal involves only Waste Management of Illinois, Inc. We agree with the trial court's decision to grant defendant's motions to dismiss. However, we hold that plaintiff should have been allowed to amend a portion of its complaint. Accordingly, we affirm the order of the circuit court dismissing plaintiff's complaint, but we reverse that portion of the order dismissing the complaint with prejudice and remand for further proceedings. I. BACKGROUND