Motion to publish is allowed, November 4, 2015.
Appeal from the Circuit Court of the 12th Judicial Circuit, Will County, Illinois, Circuit No. 14-CH-118. The Honorable John Anderson, Judge, Presiding.
Appeal from the Circuit Court of the 12th Judicial Circuit, Will County, Illinois, Circuit No. 13-CH-3805. The Honorable John Anderson, Judge, Presiding.
For Neufairfield Homeowner's Association, Appellant: Ms. Anna Stanley Kahriman, Mr. Thomas W. Toolis, Frankfort Law Group, Frankfort, IL.
For Kids On The Go Daycare, Inc., Denise M. Gurley, Steven P. Gurley, Patricia A. Mader, Appellee: Mr. Gary S. Mueller, Gary S. Mueller & Associates, Ltd., Joliet, IL.; Mr. Scott Pyles, Rathbun, Cservenyak & Kozol, LLC, Joliet, IL.
JUSTICE LYTTON delivered the judgment of the court, with opinion. Justices Carter and Holdridge concurred in the judgment and opinion.
[¶1] Plaintiff, Neufairfield Homeowners Association (NHOA), sought declaratory relief to enforce a restrictive covenant prohibiting the operation of two daycare businesses against homeowners, Kevin and Melissa Wagner and Steven and Denise Gurley. The trial court granted summary judgment in favor of the homeowners and NHOA appeals. We affirm.
[¶3] NHOA is the homeowners association for a subdivision known as Neufairfield. The development includes approximately 500 residential lots. There is only one entrance into and out of the subdivision.
[¶4] In September of 2004, NHOA recorded a declaration of covenants, conditions and restrictions, which set forth the developer's purpose of developing single family homes and provided for the formation of the homeowners association.
[¶5] To promote the development of single family homes, section 3.1 of the declaration states that " [a]ll Lots shall be used only for Single Family Dwellings." Section 3.12 lists certain exceptions for the operation of personal businesses:
" Personal Business. The restriction in Section 3.1 shall not, however, be construed in such a manner as to prohibit an Owner from: a) maintaining his personal professional library therein; or b) keeping his personal business records or accounts therein; or c) handling his personal or professional telephone calls or correspondence therefrom; or d) operate [sic] a home-based business, but only if (i) the business is conducted within the residence, (ii) the business is not prohibited by the ordinances or regulations of the City and (iii) no motor vehicle with business markings is parked on the Lot or Common ...