Village of Wheeling v. Stavros

Plaintiff, Village of Wheeling, a municipal corporation, commenced this action in the circuit court of Cook County for an accounting, the imposition of a constructive trust, and other equitable relief against the defendants, including James Stavros. Pursuant to section 45 of the Civil Practice Act (Ill. Rev. Stat. 1975, ch. 110, par. 45), Stavros moved to dismiss that portion of the amended complaint directed against him on the ground that it failed to state a cause of action. The trial court granted Stavros’ motion to dismiss, and plaintiff appeals.

Count III of the amended complaint alleged…