Freehling v. Development Management Group, Inc.

The plaintiffs filed suit in the circuit court of Cook County to enforce a covenant establishing a 15-foot building set-back line. The trial court dismissed the action at the close of the plaintiffs’ case. Plaintiffs appeal. The sole issue is whether a seven-foot fence (as contemplated by defendant) can be considered to constitute “any part of any building” within the covenant establishing the building set-back line.

We reverse and remand for further proceedings.

The facts, as revealed by the pleadings and the plaintiffs’ evidence, appear not to be in dispute. The plaintiffs own improved real…