SHERWOOD v. RIGSBY

No. 3-90-0887.

581 N.E.2d 696 (1991)

221 Ill. App.3d 260

163 Ill.Dec. 542

Daniel W. SHERWOOD, Plaintiff-Appellant, v. Joseph H. RIGSBY, III, Defendant-Appellee.

Appellate Court of Illinois, Third District.

October 7, 1991.


Attorney(s) appearing for the Case

James R. Carter, Hafele, Thiemann & Carter, Peoria, for Daniel W. Sherwood.

Dwayne I. Morrison, Barash, Stoerzbach & Henson, P.C., Galesburg, for Joseph H. Rigsby, III.


Presiding Justice STOUDER delivered the opinion of the court:

The plaintiff, Daniel W. Sherwood, appeals from a judgment in favor of the defendant, Joseph H. Rigsby, which denied Sherwood's complaint for injunctive relief. Sherwood sought to enforce the terms of a restrictive covenant running with a parcel of real estate owned by Rigsby. We reverse and remand.

The record shows Sherwood is the owner of Lot 60 and the northern one-half of Lot 59 in the Fair...

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