Osinski v. Collins

Mr. PRESIDING JUSTICE SEIDENFELD

delivered the opinion of the court:

The plaintiffs, Stanley P. Osinski and Veronica B. Osinski, sought a declaratory judgment to invalidate a covenant which restricted the use of their property to one private residence. The defendants are numerous objecting property owners. The common grantor was made a defendant but failed to appear and a default was entered against him. Based on the pleadings and attached exhibits the trial court granted plaintiffs’ motion for summary judgment, holding that the covenant was unenforceable as a matter of law. The defendants…