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[Download] "Meadows Community Association, Inc. v. Louise Claire Russell-Tutty" by Supreme Court of Illinois ~ eBook PDF Kindle ePub Free

Meadows Community Association, Inc. v. Louise Claire Russell-Tutty

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eBook details

  • Title: Meadows Community Association, Inc. v. Louise Claire Russell-Tutty
  • Author : Supreme Court of Illinois
  • Release Date : January 31, 2006
  • Genre: Law,Books,Professional & Technical,
  • Pages : * pages
  • Size : 76 KB

Description

The issues presented by this appeal are whether the amended complaint filed by a homeowners association against a unit owner states a cause of action for declaratory and injunctive relief and, therefore, whether the trial court erred in dismissing, with prejudice, the amended complaint for failure to state a cause of action. In reviewing a final order such as this, the appellate court must accept the facts alleged in the complaint as true. See Lutz Lake Fern Road Neighborhood Groups, Inc. v. Hillsborough County, 779 So. 2d 380, 383 (Fla. 2d DCA 2000). "Because the question of whether a complaint states a cause of action is one of law, the standard of review is de novo." Id. The amended complaint stated a cause of action for declaratory and injunctive relief, and therefore we reverse the trial courts order and remand for further proceedings.


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