Chicago Steel Rule Die & Fabricators Co. v. Malan Construction Co.

558 N.E.2d 341, 200 Ill. App. 3d 701, 146 Ill. Dec. 378, 1990 Ill. App. LEXIS 951
CourtAppellate Court of Illinois
DecidedJune 27, 1990
Docket1-89-1925
StatusPublished
Cited by24 cases

This text of 558 N.E.2d 341 (Chicago Steel Rule Die & Fabricators Co. v. Malan Construction Co.) is published on Counsel Stack Legal Research, covering Appellate Court of Illinois primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Chicago Steel Rule Die & Fabricators Co. v. Malan Construction Co., 558 N.E.2d 341, 200 Ill. App. 3d 701, 146 Ill. Dec. 378, 1990 Ill. App. LEXIS 951 (Ill. Ct. App. 1990).

Opinion

JUSTICE FREEMAN

delivered the opinion of the court:

Plaintiff, Chicago Steel Rule Die & Fabricators Company, is the owner and operator of a manufacturing facility on the property commonly known as 6630 West Wrightwood in Chicago. Adjacent to the east line of the plaintiff’s property are certain railroad tracks. Immediately to the east of the railroad tracks is property which is currently owned by defendants La Salle National Bank and American National Bank and Trust Company. Defendant Malan Construction Company has performed certain construction work on the property, developing the land with a shopping center.

Plaintiff alleges that in 1965 and 1966, it constructed a second building on its property. The building was ready for occupancy on or about September 1, 1966. Prior to the construction of the second building, Carey Brickyard was a business which was situated on defendants’ parcel of land. At that time, there was a 29-foot dirt and gravel road located along the western edge of defendants’ parcel and along the eastern edge of the railroad tracks between plaintiff’s parcel and the intersection of Fullerton and Grand Avenues. The dirt road was subsequently paved with asphalt when another business, Jacobs Buick, began its operation on the Carey Brickyard premises in the 1970’s. The 29-foot roadway is the subject of this dispute.

Plaintiff alleges that it had continuous and uninterrupted use of the 29-foot roadway until 1987 and 1988, when defendants obstructed the roadway by constructing a curb. The construction has impeded plaintiff’s use of the easement and blocked the direct access to Fullerton and Grand Avenues. Defendants state that access to plaintiff’s facility may be had from Normandy Avenue, which runs parallel to the 29-foot roadway. At oral argument, plaintiff stated that it was not landlocked as a result of the interrupted use of the roadway.

In its two-count amended complaint, plaintiff sought a declaratory judgment that it had a prescriptive easement over defendants’ property (count I), and requested a mandatory injunction directing defendants to remove any obstructions which prevented its use of the roadway, restore the parcel to its original condition and enjoin them from constructing any future obstructions (count II).

Defendants filed motions to dismiss plaintiff’s complaint pursuant to sections 2 — 615 and 2 — 619 of the Code of Civil Procedure (Ill. Rev. Stat. 1987, ch. 110, pars. 2 — 615, 2 — 619). The trial court granted defendant’s motions, dismissing the complaint, and this appeal followed. We affirm.

History

In 1982, the City of Chicago filed its petition to condemn three parcels, designated 2, 3, and 4, in the circuit court of Cook County, under cause numbers 82 — L—3773 and 82 — L—3777. The petitions sought an order vesting the city with fee simple title to these parcels, free and clear of all claims and easements. Parcels 2, 3, and 4 overlapped and included the 29-foot roadway along the eastern edge of the railroad tracks described in Chicago Steel’s amended complaint. Each petition expressly named as defendants “unknown owners” who may have some right or claim in a portion of the parcels, but whose names were unknown and upon due and diligent inquiry could not be ascertained.

Pursuant to the Fullerton-Grand Blighted Commercial Area Project, on June 10, 1982, the court entered an order vesting the city with fee simple absolute title to parcels 2 and 3, and in November 1982 title was granted on parcel 4. Neither order was made subject to the purported prescriptive easement rights of plaintiff. The City of Chicago conveyed the parcels to Malan Construction Company (through American National Bank and Trust Company of Chicago under trust No. 66687).

Opinion

Plaintiff first contends that defendants’ section 2 — 615 motion should not have been granted. It maintains that the complaint was sufficient, as a matter of law, to state a claim for a finding of a prescriptive easement.

The granting of a motion to dismiss is within the sound discretion of the trial court. (Harvey v. Mackay (1982), 109 Ill. App. 3d 582, 586, 440 N.E.2d 1022.) In determining whether to grant or deny a section 2—615 motion, a court must consider the legal sufficiency of the complaint based only on the allegations stated therein. (Goldstein v. Lustig (1987), 154 Ill. App. 3d 595, 598, 507 N.E.2d 164.) However, any exhibits attached to the complaint become a part thereof. Gold-stein, 154 Ill. App. 3d at 598.

A motion to dismiss admits all well-pleaded facts and reasonable inferences that can be drawn therefrom. (Knox College v. Celotex Corp. (1981), 88 Ill. 2d 407, 426, 430 N.E.2d 976; American International Hospital v. Chicago Tribune Co. (1985), 136 Ill. App. 3d 1019, 483 N.E.2d 965.) A cause of action should not be dismissed on the pleadings unless it plainly appears that no set of facts could be proved which would entitle the plaintiff to recover. (Thrall Car Manufacturing Co. v. Lindquist (1986), 145 Ill. App. 3d 712, 716, 495 N.E.2d 1132.) “[I]f a motion to dismiss admits only facts well pleaded and not conclusions, then, in considering the motion, if after deleting the conclusions that are pleaded there are not sufficient allegations of fact which state a cause of action against the defendant, the motion must be granted regardless of how many conclusions the count may contain and regardless of whether or not they inform the defendant in a general way of the nature of the claim against him.” Knox College v. Celotex Corp., 88 Ill. 2d at 426.

The purpose of pleadings is to present, define and narrow the issues and limit the proof necessary at trial. (People ex rel. Fahner v. Carriage Way West, Inc. (1981), 88 Ill. 2d 300, 307, 430 N.E.2d 1005.) Notice pleading is insufficient under our practice act (Northrop Corp. v. Crouch-Walker, Inc. (1988), 175 Ill. App. 3d 203, 211, 529 N.E.2d 784), and even though section 2—603 (Ill. Rev. Stat. 1987, ch. 110, par. 2—603), formerly section 33(3) (Ill. Rev. Stat. 1979, ch. 110, par. 33(3)), of our Code of Civil Procedure contains provisions concerning liberal construction, such provisions do not remedy the failure of a complaint to state a cause of action (Pelham v. Griesheimer (1982), 92 Ill. 2d 13, 17, 440 N.E.2d 96). While plaintiffs are not required to plead their evidence, their complaint should contain sufficient material allegations of ultimate facts. Reel v. City of Freeport (1965), 61 Ill. App. 2d 448, 454, 209 N.E.2d 675.

The question before us is whether the complaint here properly alleged sufficient facts to defeat defendants’ section 2 — 615 motion.

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Bluebook (online)
558 N.E.2d 341, 200 Ill. App. 3d 701, 146 Ill. Dec. 378, 1990 Ill. App. LEXIS 951, Counsel Stack Legal Research, https://law.counselstack.com/opinion/chicago-steel-rule-die-fabricators-co-v-malan-construction-co-illappct-1990.