Kupper v. Powers

Court properly dismissed 3rd amended countercomplaint, which alleged fraudulent and negligent misrepresentation; and properly dismissed with prejudice claim under Consumer Fraud Act, alleged in 1st amended countercomplaint. Court properly found that alleged misrepresentations as to zoning were statements of law rather than statements of fact and thus could not sustain claim for fraudulent misrepresentation. Plaintiffs had no public duty under city zoning ordinance to provide Defendant with accurate zoning information, and thus dismissal of negligent misrepresentation claim was proper.(HOLDRIDGE and LYTTON, concurring.)