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HIDDEN LAKE TOWNHOME v. GREEN TRAILS IMP.

Nos. 2-09-0618, 2-09-0964.

934 N.E.2d 636 (2010)

BOARD OF MANAGERS OF HIDDEN LAKE TOWNHOME OWNERS ASSOCIATION, Plaintiff-Appellant, v. GREEN TRAILS IMPROVEMENT ASSOCIATION, Defendant-Appellee and Third-Party Plaintiff-Appellant (The Ryland Group, Inc., Third-Party Defendant-Appellee).

Appellate Court of Illinois, Second District.

August 19, 2010.

Attorney(s) appearing for the Case

Jeffrey M. Hagen, Lisle, for Board of Managers of Hidden Lake Townhome Owners Association.

David E. Kawala, Catherine Basque Weiler, Swanson, Martin & Bell, LLP, Chicago, for Green Trails Improvement Association.

Stephen P. Carponelli, Robert F. Krug, Jr., Brian M. Ozog, Carponelli & Krug, Chicago, for The Ryland Group, Inc. in No. 2-09-0618.

Stephen P. Carponelli, Robert F. Krug, Jr., Brian M. Ozog, Ross S. Carponelli, Carponelli & Krug, Chicago, for The Ryland Group, Inc. in No. 2-09-0964.

Presiding Justice ZENOFF delivered the opinion of the court:

Plaintiff, Board of Managers of Hidden Lake Townhome Owners Association (Hidden Lake), sued defendant, Green Trails Improvement Association (Green Trails), seeking a declaration that a license agreement (agreement) entered into between the Ryland Group, Inc. (Ryland), as the developer of Hidden Lake, and Green Trails did not obligate the property owners of Hidden Lake to pay yearly assessments to Green Trails...

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