Paschen v. Pashkow

This is an appeal from a declaratory judgment in favor of the defendants entered at the close of plaintiff’s case declaring that a covenant entered into in 1896 restricting Castlewood Terrace in the city of Chicago to single family residences was binding and enforceable. Plaintiff had sought the removal of the restriction in order to construct high-rise apartments.

Castlewood subdivision was subdivided and platted in 1896. The boundaries were, at the time of the platting of the subdivision, Ainslie on the north, Lake Michigan on the east (now Marine Drive), LaFayette on the south (now…