Gerber v. Hamilton

I respectfully dissent.

The majority concludes that the trial court’s decision to deny injunctive relief was an abuse of discretion. The majority bases this conclusion upon its finding that the circuit court’s finding that defendants’ use of their property was consistent with the restrictive covenants was contrary to the manifest weight of the evidence.

Initially, I note that many of the cases which discuss the standard of review when dealing with injunctive relief are imprecise in the application of the abuse of discretion and manifest weight of the evidence standards. Millard, cited by the…