Bjork v. Draper

Plaintiffs sued their neighbors, alleging that their alterations to their property (putting addition on residence, adding circle driveway, and adding plants and trees) violated conservation easement on Defendants' property, which was located in Lake Forest Historic District. After hearing, court ordered Defendants to remove a portion of the brick turnaround driveway and to remove certain trees. Appellate court's previous finding that Defendants' violations of easement were not intentional or culpably negligent became binding on all subsequent stages of litigation, and meant that trial court did not have discretion to reassess Defendants' actions. Court did not abuse its discretion in not ordering that Defendants remove any part of the addition to the house, as court found that removal would be greatly disproportionate to any minimal enhancement of the easement's purpose, and addition was not visible from Sheridan Road, from where tourists would view house. (BOWMAN and HUTCHINSON, concurring.)