WESTFIELD HOMES, INC. v. HERRICK

No. 2-91-0796.

593 N.E.2d 97 (1992)

229 Ill. App.3d 445

170 Ill.Dec. 555

WESTFIELD HOMES, INC., et al., Plaintiffs-Appellants, v. Michael HERRICK, et al., Defendants-Appellees.

Appellate Court of Illinois, Second District.

May 12, 1992.


Attorney(s) appearing for the Case

Bernard Wysocki, on the brief, Bernard Wysocki & Associates, P.C., Waukegan, for Westfield Homes, Inc. and Westridge Homeowners Assoc.

Richard J. Nakon, James W. Kaiser, on the brief, Richard J. Nakon & Associates, Wauconda, for Michael Herrick and Andrea Herrick.


Presiding Justice INGLIS delivered the opinion of the court:

Plaintiffs, Westfield Homes, Inc., and Westridge Homeowners Association, filed suit seeking to enjoin defendants, Michael and Andrea Herrick, from maintaining and using an above-ground swimming pool on their property allegedly in violation of a restrictive covenant applicable to defendants' property. The trial court denied relief, and plaintiffs appeal, contending...

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