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YAKUBINIS v. YAMAHA MOTOR CORP., U.S.A.

Nos. 1-05-1752, 1-05-1772.

847 N.E.2d 552 (2006)

365 Ill. App.3d 128

301 Ill.Dec. 542

Joseph A. YAKUBINIS, d/b/a Collinsville Yamaha, Plaintiff-Appellee, v. YAMAHA MOTOR CORPORATION, U.S.A., and Illinois Motor Vehicle Review Board, Terrence M. O'Brien, in his official capacity as Chairperson of the Motor Vehicle Review Board, Defendants-Appellants.

Appellate Court of Illinois, First District, Fourth Division.

Rehearing Denied April 13, 2006.

Attorney(s) appearing for the Case

Kevin A. Russell, Erin S. Shaw, of Latham & Watkins, Chicago, for Appellant Yamaha Motor Corp., U.S.A.

Lisa Madigan, Attorney General, Gary Feinerman, Solicitor General (John P. Schmidt, Assistant Attorney General), Chicago, for Appellant Illinois Motor Vehicle Review Board.

David M. Duree, of David M. Duree & Associates, P.C., O'Fallon, for Appellee.

Justice GREIMAN delivered the opinion of the court:

Defendants, the State of Illinois Motor Vehicle Review Board (the Board) and Yamaha Motor Corporation (Yamaha), appeal a trial court order reversing the Board's dismissal of a protest filed by plaintiff, Joseph A. Yakubinis, doing business as Collinsville Yamaha (Yakubinis), which alleged that Yamaha did not have good cause to relocate another Yamaha franchisee into Yakubinis's relevant market area, and remanding...

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