TONES, INC. v. LA SALLE NATIONAL BANK

No. 74-51.

34 Ill. App.3d 236 (1975)

339 N.E.2d 3

TONES INCORPORATED, Plaintiff-Appellee, v. LA SALLE NATIONAL BANK OF CHICAGO, Trustee, et al., Defendants-Appellants.

Appellate Court of Illinois — Second District (1st Division).

December 18, 1975.


Attorney(s) appearing for the Case

Herrick, McNeill, McElroy & Peregrine, of Chicago, and Richard W. Husted, of Elgin, for appellants.

Thomas R. Puklin, of Elgin, for appellee.


Judgment reversed.

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

The plaintiff corporation (hereinafter Tones), the owner of Lot 8 in Block 1 in the 1st Addition to Unit 8 of Golf View Highlands in the Village of Carpentersville, sought a declaratory judgment to nullify a covenant which restricted the use of its property to residential and farming purposes. The restriction had been placed on 12 lots in Block 1 among the total...

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