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OSINSKI v. COLLINS

No. 79-322.

85 Ill. App.3d 198 (1980)

406 N.E.2d 183

STANLEY P. OSINSKI et al., Plaintiffs-Appellees, v. EDWARD E. COLLINS, JR., et al., Defendants-Appellants.

Appellate Court of Illinois — Second District.

Opinion filed June 4, 1980.

Attorney(s) appearing for the Case

Richard D. Shearer, of Shearer, O'Brien, Blood, Agrella & Boose, of St. Charles, for appellants.

Noel C. Davis and Roy J. Solfisburg, Jr., both of Aurora, for appellees.

Reversed and remanded.

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

The plaintiffs, Stanley P. Osinski and Veronica B. Osinski, sought a declaratory judgment to invalidate a covenant which restricted the use of their property to one private residence. The defendants are numerous objecting property owners. The common grantor was made a defendant but failed to appear and a default was entered against him. Based on the pleadings and attached...

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