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BROWNFIELD SUBDIVISION, INC. v. McKEE

No. 11998.

19 Ill. App.3d 374 (1974)

311 N.E.2d 194

BROWNFIELD SUBDIVISION, INC. et al., Plaintiffs-Appellees, v. REX McKEE et al., Defendants-Appellants.

Appellate Court of Illinois — Fourth District.

Rehearing denied June 6, 1974.

Attorney(s) appearing for the Case

Ralph T. Stenger, of Belleville, for appellants.

Donald M. Tennant and Richard M. Joy, both of Champaign, for appellees.

Judgment affirmed.

Mr. PRESIDING JUSTICE SMITH delivered the opinion of the court:

Plaintiffs sought a mandatory injunction prohibiting defendants from occupying what they claimed was a mobile home and for its removal from the Subdivision. The basis for the action was the following restrictive covenant:

"No building shall be erected on any lot except a one family dwelling house, a garage and one service building and used exclusively as such. Buildings...

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