Opinion
Gen. No. 43,772. (Abstract of Decision.)
Opinion filed September 13, 1946 Released for publication September 24, 1946
BUILDINGS AND BUILDING RESTRICTIONS, § 61 — when erection of apartment buildings would not nullify restrictive covenants. Where defendant church was enjoined from constructing church on lots which were conveyed with restrictions running with land, prohibiting grantees from erecting any building thereon other than private residence or dwelling house and auxiliary buildings, erection of apartment buildings on other lots in the restricted area did not nullify restrictive covenants.
See Callaghan's Illinois Digest, same topic and section number.
Interlocutory appeal from the Superior Court of Cook county; the Hon. JOHN J. LUPE, Judge, presiding.
Order affirmed. Heard in the first division, first district, this court at the June term, 1946.
J. Edward Jones, for appellants;
Payton J. Tuohy, for appellees.
Not to be published in full. Opinion filed September 13, 1946; released for publication September 24, 1946.