Ariola v. Nigro

This is a direct appeal by both plaintiffs and defendants from a decree of the circuit court of Cook County allowing plaintiffs damages for a roof drainage system removed by defendants, but denying plaintiffs’ request for a mandatory injunction to compel defendants to remove such portion of their building as encroaches on plaintiffs’ property and destroys plaintiffs’ easement for rain gutters and downspouts.

The issues are essentially whether the mandatory injunction was properly denied under the circumstances of this case, and whether the measure of damages, limited to the cost of installing…