Lakeshore Hills, Inc.v. Adcox

413 N.E.2d 548 (Ill. App. Ct. 1980)

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Nature of the Case

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Facts

The defendant brings this interlocutory appeal from the trial court's grant of a preliminary injunction compelling him to remove a pet, a 12-year-old, 575-pound Canadian black bear, from his property -- a lot in the subdivision. When D bought his lot during the summer of 1979, covenant 12(a) permitted residents to keep on their property only household pets not raised for commercial purposes; the covenant did not define 'household pets.' At a shareholders' meeting held in February 1980, this covenant was amended to specifically exclude from the category of 'household pets' bears, as well as certain other animals, such as lions and pythons, 'usually found caged in a professional zoo.' In April 1980, P sued to enjoin the bear's continued presence in the subdivision. D, an experienced animal-keeper, testified that his pet is quite gentle -- he is a fifth-generation captive -- and bears no animosity toward humans, including young children. The trial judge ruled that the bear's presence violated covenant 12(a) and granted the preliminary injunction, finding that a potentially dangerous situation existed.