LoBianco v. Clark

Plaintiffs, Donald and Opal LoBianco, owners of lots numbers 10 and 11 in the subdivision of Shady Oaks, Elgin, Cook County, Illinois, brought action against defendants, owners and other, interested parties in lots 1 through 9 of the subdivision, to remove certain alleged restrictions from the development of their lots. The parties stipulated to the facts, and after cross-motions for summary judgment, the trial court denied plaintiffs’ motion and granted defendants’ motion. On appeal, plaintiffs contend that the trial court erred in finding that the facts as stipulated by the parties…