Amos v. Norwood Federal Savings & Loan Ass'n

Mr. PRESIDING JUSTICE GOLDBERG

delivered the opinion of the court:

This action was brought for declaratory judgment and injunctive relief. Each side moved for summary judgment. The trial court dismissed the cause on its own motion, finding that no actual case or controversy exists between the parties. Plaintiff has appealed.

The principal issue is whether an actual controversy is disclosed by the record. Defendant also contends that the issues are moot.

The facts are not disputed. In 1971, Sans Souci Partnership (plaintiff) acquired the beneficial interest in an existing land trust of which the…