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FOX LAKE H. PROP. O. ASS'N v. FOX L.H., INC.

Gen. No. 69-38.

120 Ill. App.2d 139 (1970)

256 N.E.2d 496

Fox Lake Hills Property Owners Association, Plaintiff-Appellee, v. Fox Lake Hills, Inc., Defendant-Appellant.

Appellate Court of Illinois — Second District.

Rehearing denied and supplemental opinion March 31, 1970.

Attorney(s) appearing for the Case

John F. Grady, of Waukegan, Michael B. Roche and Richard W. Burke, of Chicago, for appellant.

William E. Hartnett, of Waukegan, for appellee.

MR. JUSTICE SEIDENFELD delivered the opinion of the court.

This appeal by Fox Lake Hills, Inc., a subdivider, challenges the order of the trial court which declared in favor of Fox Lake Hills Property Owners Association that the subdivider was, alternatively, not empowered to amend subdivision restrictions and covenants under claimed reserved powers, or, if empowered, was estopped from exercising its power to amend.

The defendant subdivider in 1954 opened...

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