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BECKER v. COLD

No. 3-92-0947.

619 N.E.2d 765 (1993)

249 Ill. App.3d 857

189 Ill.Dec. 64

Ottmar BECKER, Raymond Mason and The Lake Thunderbird Association, Plaintiffs-Appellants, v. Wallace COLD, Elmo Fowler and all other persons similarly situated, Defendants-Appellees.

Appellate Court of Illinois, Third District.

August 4, 1993.

Attorney(s) appearing for the Case

Ralph E. Lowe (argued), Lowe & Steinmetz, Ltd., Aurora, for Ottmar Becker, Raymond Mason, Lake Thunderbird Assoc.

Donald D. Knuckey (argued), Henry, for Wallace Cold, Elmo Fowler.

Justice STOUDER delivered the opinion of the court:

The plaintiffs, Ottmar Becker, Raymond Mason and the Lake Thunderbird Association, brought a class action against the 1717 owners of property in a subdivision known generally as the "Lake Thunderbird Development." The plaintiffs sought a judgment declaring certain provisions of the "Declaration of Restrictive Covenants" (the Covenants), imposed on the properties of the development, void and unenforceable. The amended...

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