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314 Ill. App. 389

Ockenga v. Alken

Appellate Court of Illinois

Decided February 10, 1942

Appellate Court of Illinois · decided 1942-02-10

Good law ✅— No negative treatment on recordhow we know

Decided 1942-02-10

How this case has been cited

Cited by 16 later decisions — most recently October 1991

14 state decisions

100194219501960197019801990decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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¶1On Rehearing.

¶2An opinion was filed in this cause February 10, 1942, and thereafter rehearing was granted. The principal argument advanced in the petition for rehearing is that there has been such a change in the neighborhood of the subdivision as to furnish cause for the removal or modification of the restrictive agreements. Plaintiff’s counsel sought by motion to supplement the record with photographs of the subdivision, maps and other data showing changes in the neighborhood and the development of such defense industries within a short radius as would create a demand for single-family dwellings in the subdivision if the restrictions were modified or removed. The proffered evidence not having been adduced upon the trial of the cause, we have no jurisdiction to consider it.

¶3Upon careful consideration of the petition for rehearing we adhere to our original opinion. However, nothing stated in our opinion is intended to preclude parties in another proceeding from showing, if they can, that radical changes have taken place in the neighborhood of the subdivision since the decree in the case at bar was entered.

¶4The decree of the superior court is affirmed.

¶5Decree affirmed.

¶6Scanlan, P. J., and Sullivan,- J., concur.

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