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KENDLE v. VILLAGE OF DOWNERS GROVE

No. 2-86-0818.

156 Ill. App.3d 545 (1987)

509 N.E.2d 723

JAMES R. KENDLE et al., Plaintiffs-Appellants, v. THE VILLAGE OF DOWNERS GROVE et al., Defendants-Appellees.

Appellate Court of Illinois — Second District.

Opinion filed June 10, 1987.

Attorney(s) appearing for the Case

S. Louis Rathje, John F. Garrow, and Reese J. Peck, all of Rathje, Woodward, Dyer & Burt, of Wheaton, for appellants.

Wiley W. Edmondson and Charles F. Haverty III, both of Brady, McQueen, Martin, Collins & Jensen, of Elgin, Douglas A. Slansky, of Bowers, Carney, Wiedel & Slansky, of Downers Grove, and Barry A. Pitler, of Pitler & Mandell, of Chicago, for appellee Philip I. Mappa.

Barbara J. Gosselar, of Downers Grove, for appellee Village of Downers Grove.

Judgment reversed.

JUSTICE REINHARD delivered the opinion of the court:

Plaintiffs, James R. and Lois M. Kendle, appeal from the trial court's judgment denying their motion for voluntary dismissal pursuant to section 2-1009 of the Code of Civil Procedure (Ill. Rev. Stat. 1985, ch. 110. par. 2-1009) and dismissing their cause of action with prejudice.

Plaintiffs raise the following issues on appeal: (1) whether the trial court erred in denying their...

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