99 N.E. 617 (Ill. 1912), Kneip v. Schroeder

• Citation: 255 Ill. 621,99 N.E. 617
• Date: 26 October 1912
• Docket Number: .
• Parties: KNEIP et al. v. SCHROEDER.
• Court: Illinois Supreme Court

Page 617

99 N.E. 617 (Ill. 1912)

255 Ill. 621

KNEIP et al.

v.

SCHROEDER.

Supreme Court of Illinois

October 26, 1912

Error to Superior Court, Cook County; Farlin O. Ball, Judge.

Bill by Caroline Kneip and others against Charles H. Schroeder. Decree for complainants, and defendant brings error. Reversed and remanded.

[255 Ill. 622] David K. Tone, of Chicago, for defendants in error.

[255 Ill. 624] VICKERS, J.

Caroline Kneip and others, owners of property located on Janssen avenue between Cornelia and Roscoe streets, filed a bill in the superior court of Cook county against Charles H. Schroeder to enjoin him from constructing a building on said street which will occupy a portion of the space between the street line and the building line as established by the plat subdividing and laying out the blocks facing upon said street. The bill alleges that there is a building line on both sides of Janssen avenue between Roscoe and Cornelia streets, extending back 20 feet from the lot line; that the street between the two blocks is a residence street; that all buildings on said avenue have been so constructed by the different lot owners as to observe and comply, in every instance, with the building line; that no buildings or improvements were erected upon any of the lots nearer than 20 feet from the front lot line; that each of the complainants who owned property on said avenue had erected his building so as to observe the 20-feet building space; and that none of the other buildings had been constructed upon any part of the 20 feet reserved as a building line. The bill charged that Schroeder was the owner of lot 22 and the south half of lot 21, in block 8, and that he proposed to erect on this property a three-story flat building and extend the building upon the 20-foot building line, whereby the view, light, and air [255 Ill. 625] of the other buildings on the street would be shut off and the property greatly depreciated in value. The bill avers that the building line has been observed and complied with by all persons who have heretofore erected buildings on the said streets. The bill prayed for an injunction to prevent Schroeder from extending his building beyond the property line, and to compel him to tear down such of the walls as had already been erected nearer the street than the building line.

Schroeder, in his answer, denied that any building line existed on Janssen avenue which had been regarded by any of the property owners in the erection of buildings and improvements on said avenue, and charged that the supposed building line had been disregarded by the property owners on both sides of said street by erecting buildings which projected over said line. The answer charged that all of the complainants had erected their buildings over the line, and that they had never made any protest against the repeated violations of the building line by lot owners on said avenue. The answer also set up the fact that, since the subdivision was laid out, the Northwestern Elevated Railroad had constructed an elevated railroad alongside of Schroeder's property; that trains were operated on the elevated structure; that the character of the property alongside the railroad has entirely changed; that it is no longer desirable as a residence property but can only be used now for an apartment building or store; that within 200 feet of the Schroeder lots a station for taking on and letting off...