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FICK v. WEEDON

No. 4-92-0744.

613 N.E.2d 362 (1993)

244 Ill. App.3d 413

184 Ill.Dec. 335

John E. FICK and Norma J. Fick, Plaintiffs-Appellees and Cross-Appellants, v. Joyce WEEDON and Ray Weedon, Defendants-Appellants and Cross-Appellees.

Appellate Court of Illinois, Fourth District.

Decided May 6, 1993.

Rehearing Denied June 7, 1993.

Attorney(s) appearing for the Case

Harold F. Tenney (argued), Carl J. Tenney, Decatur, for defendants-appellants.

John E. Fick (argued), Samuels, Miller, Schroeder, Jackson & Sly, Decatur, for plaintiffs-appellees.

Justice KNECHT delivered the opinion of the court:

Defendants, Joyce and Ray Weedon, appeal from the entry of summary judgment in favor of plaintiffs, John E. and Norma J. Fick, enjoining them from using their residence as a bed and breakfast establishment. We affirm.

On November 8, 1977, plaintiffs conveyed their residence at 919 West Williams Street, Decatur, Illinois by warranty deed, which was recorded. The deed contained a restrictive clause providing...

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