Erday's Clothiers, Inc. v. Spentzos

592 N.E.2d 615, 228 Ill. App. 3d 540, 170 Ill. Dec. 179
CourtAppellate Court of Illinois
DecidedMay 6, 1992
Docket2-91-0738
StatusPublished
Cited by6 cases

This text of 592 N.E.2d 615 (Erday's Clothiers, Inc. v. Spentzos) 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
Erday's Clothiers, Inc. v. Spentzos, 592 N.E.2d 615, 228 Ill. App. 3d 540, 170 Ill. Dec. 179 (Ill. Ct. App. 1992).

Opinion

JUSTICE GEIGER

delivered the opinion the court:

The plaintiff, Erday’s Clothiers, filed suit seeking relief from the defendant, Gus Spentzos, individually and doing business as the Geneva Family Restaurant. The plaintiff sought no relief from the other named defendants, who were defaulted. We therefore hereafter refer to Gus Spentzos as the defendant. According to the complaint, the defendant was violating the plaintiff’s easement for ingress and egress across certain property by placing a restaurant garbage dumpster and parking cars on the easement. The trial court ruled against the plaintiff, holding that (1) the plaintiff’s suit was barred by laches; and (2) the defendant’s use of the easement was reasonable and therefore the plaintiff had no right to relief. The trial court also dismissed defendant’s counterclaim. The defendant has not appealed that ruling, and we will therefore not address the counterclaim.

On appeal, the plaintiff argues (1) that the trial court erred in holding that the defendant had the right to place the dumpster on the property; and (2) that the trial court erred in holding that the plaintiff’s suit was barred by laches.

This suit involves two commercial buildings in Geneva. Both front on State Street; indeed, they are neighbors. The plaintiff’s building is L-shaped; one part goes north-south along Third Street; the other part goes east-west from Third Street all the way to an alley. The defendant’s building, the Geneva Family Restaurant, is built on property contiguous and immediately west of the north-south leg of the plaintiff’s building. The restaurant is rectangular. The defendant is the beneficial owner of the property on which the restaurant stands.

The restaurant building does not extend all the way back to the east-west section of the plaintiff’s building. Rather, there is a strip of land about 15 feet wide between the buildings. The trial court held, and the parties now agree, that by grant the plaintiff has an easement for purposes of ingress and egress along the northerly 10.24 feet of this area. Part of the western wall of the north-south leg of the plaintiff’s building contains a doorway leading to a steel staircase that leads to a second level of the property. The trial court found (and the parties do not dispute) that to go from the alley on the far west to this doorway, one would have to cross over the area subject to the plaintiff’s easement.

The defendant, Gus Spentzos, holds the beneficial interest in the property that contains the restaurant and easement. The parcel is officially known as 305 West State Street. Spentzos purchased the restaurant business from Bernard Cryer in 1985 and the beneficial interest in the property itself in 1987. Cryer had operated the property as a restaurant since 1948, when he rented the building.

Both the plaintiff’s property and the defendant’s property originally belonged to Minnie Johnson. In 1956, Cryer and a partner purchased 305 West State Street. Under the contract to purchase, the buyers agreed to permit “an easement over the property to be purchased by them hereunder for entrance and exit to the building” that the plaintiff purchased in 1965. By a 1965 co-executors’ grant of easement, the executors of the estate of Minnie Johnson granted the plaintiff an easement for purposes of ingress and egress across the 10.24-foot-wide area at issue here.

On June 29, 1990, the plaintiff filed its “Complaint for Declaratory Judgment” against the defendant. Also named as defendants were De Kalb Bank & Trust, which actually owned 305 West State Street as land trastee, and Carol and William Gates, who, the complaint alleged, held fee simple title to the property. The complaint sought no relief from the bank or the Gateses, and these defendants were defaulted early in the litigation.

The complaint alleged the following facts. The plaintiff had an easement for ingress and egress across the property (as described above). The purpose of the easement was to allow the plaintiff access to the public alley to the west. The defendant had violated the easement by (1) permitting his employees to park their vehicles on the easement; and (2) placing a dumpster or dumpsters physically on the easement. These actions interfered materially with the plaintiff’s use of the easement. The plaintiff had asked Spentzos many times to remove the dumpster and to clear the easement of automobiles, but the defendant had consistently refused to do so.

The complaint prayed for (1) a declaration of the rights of all the parties to the action; (2) an order that the defendant be required to remove the dumpster from the easement and that the defendant be enjoined from parking vehicles on the easement; and (3) other proper equitable relief.

At trial, the plaintiff called Victor Erday, Jr., president of Erday’s Clothiers. Erday explained that the company held title to the building, which was partly a one-story structure and partly a two-story structure. Since about 1984, his son, Victor Erday III, had assumed the day-to-day operation of the business.

Erday testified that when Bernard Cryer ran the restaurant, the restaurant and its garbage containers did not extend onto the easement. On several occasions Cryer came to Erday, explaining that he wanted to extend the restaurant back to the easement line and to put a garbage container on the easement. After there was a fire at the restaurant in 1974, Cryer built his restaurant extension. Cryer then asked Erday to allow Cryer to put a dumpster on the easement. Reluctantly, Erday orally agreed that Cryer could do so. The dumpster Cryer installed was on wheels.

Erday testified that on several occasions deliveries to his store would be made across the easement through the doorway and up the steel steps to a second-floor room. When these deliveries were made, Erday would ask Cryer to “move the dumpster because we got a truck coming tomorrow.” Cryer would then comply by moving the dumpster to the side of the easement so that the trucks could “get in as close as possible.” Erday never asked Cryer to move the dumpster permanently.

According to Erday, the dumpster currently on the easement differed from Cryer’s. The defendant’s dumpster was “bigger and had no wheels.” Erday did not recaU when the new dumpster appeared. Erday spoke with the defendant and the defendant’s wife a few times about the dumpster, asking them to keep the property clean. Erday never asked the defendant to remove the dumpster from the easement. Erday testified that he “believe[d] he asked the defendant to move the dumpster if there was to be a ‘box delivery.’ ”

Erday explained that the door and steel stairway had been added to the plaintiff’s building as part of a remodeling project in 1973. At first, the plaintiff took some box deliveries, but not material deliveries, through the door and up the steel stairs. However, about two or three years before the lawsuit, the plaintiff stopped using the entrance for deliveries. The reason was that delivery people kept complaining about grease and dirt in the easement area. Erday admitted that this area had been greasy and slippery even before the defendant put in his new dumpster. According to Erday, this grease came from the restaurant’s exhaust fans.

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Bluebook (online)
592 N.E.2d 615, 228 Ill. App. 3d 540, 170 Ill. Dec. 179, Counsel Stack Legal Research, https://law.counselstack.com/opinion/erdays-clothiers-inc-v-spentzos-illappct-1992.