O'NEILL v. Brown

PRESIDING JUSTICE GORDON

delivered the opinion of the court:

Plaintiffs, Jerome and Lucille O’Neill, brought suit seeking injunctive relief under the Illinois Comprehensive Solar Energy Act of 1977 (Solar Energy Act) (111. Rev. Stat. 1989, ch. 96V2, par. 7301 et seq.) alleging that a second-story addition to defendants’ home would partially shade their greenhouse and would thus unlawfully encroach upon their “solar skyspace easement” which plaintiffs contend was created pursuant to the Solar Energy Act. The trial court dismissed plaintiffs’ complaint under section 2 — 615 of the Illinois Code…