Mileur v. McBride

Plaintiffs, Greg and Debbie Mileur, appeal from an order of the circuit court of Jackson County dismissing their complaint with prejudice for failure to state a cause of action. For the reasons which follow, we reverse and remand.

In determining the sufficiency of a complaint on a motion to dismiss, a court must take as true all facts properly pleaded. (Wheeler v. Caterpillar Tractor Co. (1985), 108 Ill. 2d 502, 505, 485 N.E.2d 372, 374 cert, denied (1986), 475 U.S. 1122, 90 L. Ed. 2d 187, 106 S. Ct. 1641.) Plaintiffs’ complaint here is in two counts. Count I alleges that plaintiffs own a…