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FITZWILLIAM v. 1220 IROQUOIS VENTURE

No. 2-91-1083.

598 N.E.2d 1003 (1992)

233 Ill. App.3d 221

174 Ill.Dec. 371

F. John FITZWILLIAM et al., Plaintiffs-Appellants, v. 1220 IROQUOIS VENTURE, By and Through Walter J. O'Brien II, Defendant-Appellee.

Appellate Court of Illinois, Second District.

Rehearing Denied September 24, 1992.

Attorney(s) appearing for the Case

Michael A. Cotteleer (argued), Michael A. Cotteleer & Associates, Wheaton, for F. John and Alice L. Fitzwilliam.

Walter J. O'Brien, II, Angela Imbierowicz and Molly B. Murphy (argued), O'Brien & Associates, P.C., Oak Brook Terrace, for Walter J. O'Brien.

Justice UNVERZAGT delivered the opinion of the court:

Plaintiffs, F. John Fitzwilliam and Alice Fitzwilliam, brought an action for injunctive and declaratory relief in the circuit court of Du Page County against defendant, 1220 Iroquois Venture, a limited partnership, seeking compensatory damages for constructive eviction and the wrongful assessment and seizure of property tax prorations.

Defendant filed a counterclaim for attorney fees and costs incurred...

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