Geller v. Brownstone Condominium Association

402 N.E.2d 807 (1980)

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Geller v. Brownstone Condominium Association

Illinois Court of Appeals
402 N.E.2d 807 (1980)

CS

Facts

Donald Geller (plaintiff) was building a three-story residence on a lot that he owned in Chicago. A high-rise condominium building owned by Brownstone Condominium Association (Brownstone) (defendant) had been built on the lot next to Geller’s lot. One outer wall of the condominium building was located directly on the property line between the two lots. Brownstone erected a temporary scaffolding system on that wall to perform maintenance on the building. Geller sued Brownstone, alleging that the scaffolding, by extending into the airspace above his property, amounted to a trespass. Geller asked that Brownstone be permanently enjoined from erecting or operating any scaffolding on that wall of its building and sought damages. The circuit court dismissed Geller’s claim, and he appealed.

Rule of Law

Issue

Holding and Reasoning (McNamara, J.)

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