Hahn v. The County of Kane

Illinois Appellate Court
Civil Court
Easements
Citation
Case Number: 
2013 IL App (2d) 120660
Decision Date: 
Friday, May 31, 2013
District: 
2d Dist.
Division/County: 
Kane Co.
Holding: 
Affirmed.
Justice: 
McLAREN
Court properly found that City and auto dealership company which expanded storm water detention facility proved their affirmative defenses of estoppel. Attorney for trust, which owned land where easement for storm water detention facility was located, knew of intended use for facility yet remained silent as to owner's purported objection to use, and City and company relied on silence to their detriment. (BURKE and BIRKETT, concurring.)