First Illinois Bank of Wilmette v. Valentine

619 N.E.2d 834, 250 Ill. App. 3d 1080, 189 Ill. Dec. 133
CourtAppellate Court of Illinois
DecidedSeptember 1, 1993
Docket2-92-0816
StatusPublished
Cited by12 cases

This text of 619 N.E.2d 834 (First Illinois Bank of Wilmette v. Valentine) 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
First Illinois Bank of Wilmette v. Valentine, 619 N.E.2d 834, 250 Ill. App. 3d 1080, 189 Ill. Dec. 133 (Ill. Ct. App. 1993).

Opinion

JUSTICE COLWELL

delivered the opinion of the court:

Plaintiffs, First Illinois Bank of Wilmette (First Illinois) and Nippersink Properties, Inc. (Nippersink), sued Richmond Township road commissioner Walter Valentine, May Development Company, and any unknown owners to quiet title to property that First Illinois alleged it owned as trustee of a land trust of which Nippersink is the sole beneficiary. The property in controversy is the unimproved part of a roadway within the Canterbury Heights subdivision of Richmond Township (the township). The issue at trial was whether this property, known as the Hillandale Road extension, was the subject of either a valid statutory dedication by May Development or a valid common-law dedication from Arnold May, the original owner of the land, to the township. The trial court held that (1) the attempted statutory dedication was invalid because May Development did not own the property that became the Hillandale Road extension when it made the formal plat of dedication; and (2) there was no common-law dedication because the township’s conduct between the filing of the plat and the present suit amounted to a failure to accept any dedication intended either by Arnold May, who owned the land at the time of the attempted statutory dedication, or by May Development, Arnold May’s successor.

On appeal, Valentine (defendant) argues that the court erred in holding that there was no common-law dedication of the Hillandale Road extension. Defendant maintains that the trial court’s finding that the township did not accept the dedication was against the manifest weight of the evidence. Defendant also argues that equitable doctrines required the trial court to find that the Hillandale Road extension is subject to a common-law dedication. We affirm the trial court.

Plaintiffs’ amended complaint, filed February 13, 1992, alleged the following. Pursuant to a land trust agreement dated July 20, 1988, First Illinois, as trustee for Nippersink, held fee simple title to land in the sixth addition of the Canterbury Heights development. Accompanying the complaint as an exhibit was a legal description of this property. Plaintiffs had taken active possession of the premises and had started to build a single-family residence thereon.

Plaintiffs alleged that defendant and the township unlawfully claimed the right to use part of the property, viz., the Hillandale Road extension, as a public road. This asserted right was based on a plat of dedication recorded with the county recorder of deeds on August 10, 1979, and rerecorded on October 22, 1979. The plat, attached to the complaint as an exhibit, is signed by defendant and by Robert May, president of May Development. Hillandale Road runs in an arc, starting out northwesterly from Hillshire Drive, which is along the west edge of the fourth addition of Canterbury Heights; Hillandale turns sharply until it proceeds in a south-southwesterly line along the western edge of the fourth addition. The curve creates a cul-de-sac, where plaintiffs have started their building.

According to the complaint, the statutory dedication attempted via the plat was fatally defective because May Development did not own the land it purportedly dedicated to the township. Also, for the 13 years between the recording of the plat and the start of the present suit, the subject “road” had remained a farm field; it had not been accepted, improved, or used by the public as a roadway. After this suit began, plaintiff improved 125 feet of Hillandale roadway pursuant to a court order. This road provided access to the residence.

Plaintiffs asserted that the recorded plat of dedication and defendants’ assertion of rights thereunder were a cloud on plaintiffs’ title to the property. They requested that any attempted dedication of the Hillandale Road extension be revoked so First Illinois would have clear title to the property.

Defendant’s answer admitted that the subject property had been a farm field for the last 13 years and that the intended roadway had not been improved before this litigation started. However, Valentine denied that the township had failed to accept the dedication of the Hillandale Road extension.

The case proceeded to a bench trial. Plaintiffs’ first witness was Fred Zahn, a land surveyor who, at Robert May’s request, prepared a map of the area in question. The map, which is part of the record on appeal, is based on a photographic enlargement of part of the “Sidwell,” or official plat, of the Canterbury Heights subdivision. A diagram on the map represents the new residence. At Robert May’s request, Zahn and his associates measured the part of the road that was asphalt pavement. This is marked on the diagram as “asphalt drive” and is part of the area described in the 1979 plat of dedication.

There is a broken line on the map running from the intersection of Hillandale Road with Hillshire Drive to just east of the curve in the road that creates the cul-de-sac that provided the site of the new residence. Zahn testified that when he visited the area in the autumn before the trial, the stretch of road represented by the dotted line was being used for a driveway even though the ground surface had not been paved. Other than as Zahn specified, Hillandale Road was neither paved nor being used as a road. Although mentioned in the plat of dedication, the “road” was primarily an open, grassy area with a few iron stakes that marked the northern and western limits of the lot with the May residence (and thus the southern boundary of the allegedly dedicated roadway). Zahn did not know when or by whom the stakes had been installed.

Roxanne Schutes, land trust administrator for Amcore Bank, which owned the property in issue from 1987 to 1989, testified that, at plaintiffs’ request, she examined three trust agreement files that originated with Amcore’s predecessor in interest. Only one trust agreement had been subject to a collateral assignment. Arnold May was the sole beneficial owner and sole owner of the power of direction of the corpus of each trust.

Plaintiffs next called Suzanne Ehardt, director of the McHenry County department of planning and zoning and acting zoning enforcement officer. Ehardt identified a number of exhibits, including six letters sent between February 1, 1988, and March 11, 1988. These letters went between Ehardt and the attorney for a party interested in purchasing the property now constituting the seventh addition to the Canterbury Heights development. The attorney requested cancellation of any plans to build the Hillandale Road extension. To Ehardt’s knowledge, nobody in her office notified the township highway commissioner of this correspondence; there was never any question that the dedication and the improvement of the extension would be prerequisites to the county’s final approval of a subdivision proposal for the seventh addition.

Ehardt stated that the planning and zoning department approved the original plat of dedication without requiring a title report about the property in issue. At the time that the plat of dedication was filed, the only requirements were that the person with the right to subdivide the property sign the owner’s certification and have it notarized.

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Bluebook (online)
619 N.E.2d 834, 250 Ill. App. 3d 1080, 189 Ill. Dec. 133, Counsel Stack Legal Research, https://law.counselstack.com/opinion/first-illinois-bank-of-wilmette-v-valentine-illappct-1993.