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HANSEN v. ORTH

No. 1-92-1291.

617 N.E.2d 357 (1993)

247 Ill. App.3d 411

187 Ill.Dec. 149

Claire V. HANSEN, Renee C. Hansen, Richard G. Forsythe, Imogene W. Forsythe, Robert L. Mack, Dolores Cohn Mack, A. (Tom) Hirtz, Nancy Hirtz, James Clark, Jerome Harris, Mary Ellen Harris, Harold Lipschutz, Janice Lipschutz, Helen L. Burleson, James Pappas, Marian Pappas, Jack Strom, Mary Beth Strom, Morton E. Wolfson, and Edith P. Wolfson, Plaintiffs-Appellants, v. David H. ORTH and Barbara Orth, Defendants-Appellees (Wallace Herdlein and Ruth Herdlein, Plaintiffs).

Appellate Court of Illinois, First District, Fourth Division.

Rehearing Denied June 22, 1993.

Attorney(s) appearing for the Case

Thomas D. Rosenwein and Kathryn E. Garipay of Schaefer, Rosenwein & Fleming, Chicago, for plaintiffs-appellants.

Richard J. Hoskins of Schiff Hardin & Waite of Chicago, (Michael Silverman of Kwiatt & Silverman, Ltd., of counsel), for defendants-appellees.

Justice CAHILL delivered the opinion of the court:

Plaintiffs and defendants are neighbors and home owners in Graymoor, a planned community in Olympia Fields, Illinois. A certain ambiance is cultivated. There are no street lights, curbs, or sidewalks. Property in the community is subject to a recorded declaration of protective covenants, conditions, and restrictions. Two of the covenants are relevant to this lawsuit. A building approval covenant prohibits construction...

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