Pasulka v. Koob

I dissent as to the trial court’s determination finding no general plan. I would reverse the rulings denying admission into evidence of the deeds representing the purchase of lots in Timber Lane Estates and photographs of the houses in Timber Lane Estates. I would also specifically provide that the determination of the existence of a general plan is not conditioned on the existence of a platted subdivision.

Our brethren in the Second District correctly stated the law as to enforcement of restrictions in Osinski v. Collins (1980), 85 Ill. App. 3d 198, 201, 406 N.E.2d 183, 186-87:

“Those who seek…