Whitlock v. Hilander Foods, Inc.

PRESIDING JUSTICE BOWMAN

delivered the opinion of the court:

• Plaintiff, Jonathan Spafford Whitlock, as land trustee, holds the title to property directly south of property on which defendant, Hilander Foods, Inc., has long operated a grocery store. Recently, defendant built an addition to the store. The south retaining wall of the addition is on defendant’s property, but the underground footings of the wall encroach on plaintiffs property. Plaintiff sued for a mandatory injunction compelling defendant to remove the encroachment and for other relief. The trial court granted defendant summary…