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LoBIANCO v. CLARK

No. 1-90-3453.

596 N.E.2d 56 (1992)

231 Ill. App.3d 35

172 Ill.Dec. 777

Donald LoBIANCO and Opal LoBianco, Plaintiffs-Appellants, v. Essac CLARK and Betty Clark, Marie Bartelt, Richard C. Fricke and Mildred M. Fricke, Mitar Micic and Rada Micic, Louise Rauschert, Mary A. Schultz f/k/a Mary A. Fay, Suzanne Curtin, David Stojkovich and Linda Stojkovich, Mark Thorndyke and Susan Thorndyke, Home Federal Savings and Loan of Elgin, Union National Bank of Elgin as Trustee Under Trust Number 828, Mortgage Investors Corporation, Union National Bank, and Unknown Others, Defendants-Appellees.

Appellate Court of Illinois, First District, First Division.

June 15, 1992.

Justice CAMPBELL delivered the opinion of the court:

Plaintiffs, Donald and Opal LoBianco, owners of lot numbers 10 and 11 in the subdivision of Shady Oaks, Elgin, Cook County, Illinois, brought action against defendants, owners and other interested parties in lots 1 through 9 of the subdivision, to remove certain alleged restrictions from the development of their lots. The parties stipulated to the facts and after cross...

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