County of Cook v. Hoytt

Plaintiff’s complaint contained two counts, Count I alleging that defendant maintained his house trailer in violation of the County Zoning Ordinance, and Count II alleging that defendant’s maintenance of the trailer constituted a nuisance. Both counts sought injunctive relief. Defendant’s answer denied the charges of the entire complaint.

Plaintiff filed a motion for summary judgment as to Count I supported by an affidavit, and defendant filed a counter-affidavit.

On May 18,1962, the chancellor found that plaintiff’s motion was not well founded in law; that defendant had a legal right to…