Cimino v. Dill

Plaintiff brought this action for declaratory judgment to determine the validity and enforceability of certain restrictive covenants as regards property which he has contracted to purchase. The trial court granted defendants’ motion for summary judgment, and plaintiff appeals from that order.

The following pertinent facts appear from the record. The subject property is Lot 4675 which comprises approximately 2M acres of an 11/2 acre subdivision in Elk Grove Village. The subdivision was owned by Vale Development (Vale) in 1967. On August 27, 1967, Vale filed “Proposed Covenants and Restrictions”…