Chicago Title Land Trust Company v. JS II

Illinois Appellate Court
Civil Court
Citation
Case Number: 
2012 IL App (1st) 063420
Decision Date: 
August 24, 2012
District: 
1st Dist.
Division/County: 
Cook Co.,6th Div.
Justice: 
GARCIA
Holding: 
Affirmed.
Dispute between adjacent landowners over right-of-way, formerly owned by railroad company, crossing both properties and intersecting three driveways on Plaintiff's land. Court properly found that Plaintiff owns three prescriptive easements and entered injunction against Defendant to prevent future harm to easements, and properly awarded nominal and punitive damages in light of clear trespass committed with intention to harass Plaintiff. Plaintiff's motion to reinstate its claim of ownership by reversion was not timely filed, as reinstatement was sought after close of evidence and after presentation of closing arguments. (GORDON and PALMER, concurring.)