Doxtator-Nash Civic Ass'n v. Cherry Hill Professional Building, Inc.

Defendants built a parking lot on lots 136, 137, 138 and 139 of Doxtator & Nash Port Dearborn Subdivision. Plaintiffs claim that these lots are burdened with certain building restrictions limiting the use of the property exclusively to residential use. The trial court granted *470defendants’ motion for summary judgment on the ground that no issue of material fact was raised by the complaint since the property in question was not subject to the restrictions alleged by the plaintiffs.

On appeal plaintiffs ask this Court to set aside the trial court’s order of summary judgment and enter an order of…