Department of Natural Resources v. Waide

Illinois Appellate Court
Civil Court
Citation
Case Number: 
2013 IL App (5th) 120340
Decision Date: 
July 17, 2013
District: 
5th Dist.
Division/County: 
Marion Co.
Justice: 
CATES
Holding: 
Affirmed.
DNR sought reformation of warranty deed or declaration that warranty deed did not reserve undivided one-fourth interest in mineral rights of property conveyed by warranty deed. Laches shall be applied against a governmental body only under compelling circumstances, which are not present here. Mere passage of time, even DNR's delay of 48 years in bringing action for reformation, is not enough for laches to apply, and no activity occurred between execution of deed and filing of first mineral lease 40 years later that would have put DNR on notice of disputed claims of ownership of mineral interest. (SPOMER, concurring; WEXSTTEN, dissenting.)