Kessler v. Palmeri

The owners of a tract of land in Mendota, Illinois, executed a plat of a subdivision known as Waldorf’s Fifth Addition to the city of Mendota. After requisite approval was obtained this plat was recorded on June 12, 1964.

The plat contains certain restrictions governing the use of the property in the subdivision and these restrictions were designated as “protective covenants.” The most pertinent portion of the covenants is their preamble and covenant number 1, which is as follows:

“The following protective covenants regulating the use of the property shown hereon are hereby subscribed to…