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GLEN VIEW CLUB v. BECKER

Gen. No. 53,384.

113 Ill. App.2d 127 (1969)

251 N.E.2d 778

Glen View Club, an Illinois Not-for-Profit Corporation, Plaintiff-Appellee, v. Ferdinand J. Becker and Harris Trust & Savings Bank, as Trustee Under Trust No. 32138, Defendants-Appellants.

Appellate Court of Illinois — First District.

Rehearing denied and opinion modified October 6, 1969.

Attorney(s) appearing for the Case

Bernard Kleinman and Frank J. Belline, of Chicago, for appellants.

Spray, Price, Hough & Cushman, of Chicago (Robert S. Cushman and Minard E. Hulse, Jr., of counsel), for appellee.

ALLOY, J.

Plaintiff Glen View Club filed an action for a mandatory injunction to compel defendant Ferdinand J. Becker to remove a retaining wall and patio from an area which encroached upon the plaintiff's alleged easement for a private road. The trial court granted the motion for summary judgment and entered a decree in accordance with the prayer of the complaint. Property owner has appealed to this Court.

The record discloses that Glen View Club is a golf...

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