SAVE THE PRAIRIE SOC. v. GREENE DEVELOPMENT GROUP

No. 1-00-3758.

752 N.E.2d 523 (2001)

323 Ill. App.3d 862

256 Ill.Dec. 643

SAVE THE PRAIRIE SOCIETY, an Illinois Not-For Profit Organization, Plaintiff-Appellant, v. GREENE DEVELOPMENT GROUP, INC., an Illinois Corporation, and Founders Bank, as Trustee under Trust Agreement dated April 9, 1996, and known as Trust No. 5-1180, Defendants-Appellees (Midwest Trust Services, Inc., as Trustee under Trust Agreement dated January 12, 2000, and known as Trust Agreement No. 00-107633, American National Bank and Trust Company of Chicago, as Trustee under Trust Agreement dated July 28, 1966, and known as Trust No. 23730, Continental Community Bank & Trust Company, as Trustee under Trust Agreement dated May 17, 1999, and known as Trust No. 10401, Constantine P. Xinos, Marika P. Xinos, and John Romanelli, Intervenors-Appellees).

Appellate Court of Illinois, First District, First Division.

June 18, 2001.


Attorney(s) appearing for the Case

Sidley & Austin, Chicago (J. Andrew Schlickman, Susan V. Harris and Faith E. Bugel, of counsel), for appellant.

Lord, Bissell & Brook, Chicago (Terrence P. Canade, Hugh C. Griffin, Kevin P. McJessy, Hugh S. Balsam and Shane Blackstone, of counsel), for defendants-appellees Greene Development Group, Inc. and Founders Bank.


Presiding Justice McNULTY delivered the opinion of the court:

Save the Prairie Society sued to enforce a restrictive covenant in the deed for property Greene Development Group (defendant) owned. Plaintiff sought a preliminary injunction against development of the property pending determination of the suit to enforce the restrictive covenant. The trial court denied the motion for a preliminary injunction. Plaintiff now brings this interlocutory appeal pursuant to Supreme...

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