United States Bankruptcy Court, N.D. Illinois September 20, 1995, 14-23762 (Peachtree Lane Associates, Ltd. v. Granader (In Re Peachtree Lane Associates, Ltd.))

MEMORANDUM OPINION

RONALD BARLIANT, Bankruptcy Judge.

Background

The Debtor brought an adversary proceeding against adjoining landowners, seeking a declaratory judgment under a grant of easement and to enjoin the Defendants from encroaching upon the Debtor’s property. The Defendants filed a six count counterclaim for actual damages, punitive damages and attorneys’ fees.