Township of Jubilee v. State

2011 IL 111447, 960 N.E.2d 550, 355 Ill. Dec. 668, 2011 Ill. LEXIS 2227
CourtIllinois Supreme Court
DecidedDecember 15, 2011
Docket111447
StatusPublished
Cited by12 cases

This text of 2011 IL 111447 (Township of Jubilee v. State) is published on Counsel Stack Legal Research, covering Illinois Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Township of Jubilee v. State, 2011 IL 111447, 960 N.E.2d 550, 355 Ill. Dec. 668, 2011 Ill. LEXIS 2227 (Ill. 2011).

Opinion

960 N.E.2d 550 (2011)
355 Ill. Dec. 668

The TOWNSHIP OF JUBILEE, Appellee,
v.
The STATE of Illinois et al. (The State of Illinois, Appellant).

No. 111447.

Supreme Court of Illinois.

December 15, 2011.

*551 Lisa Madigan, Attorney General, of Springfield (Michael A. Scodro, Solicitor General, and Paul Berks, Assistant Attorney General, of Chicago, of counsel), for appellant.

Daniel M. Cordis, of Cordis & Cordis, of Princeville, for appellee.

OPINION

Justice KARMEIER delivered the judgment of the court, with opinion.

¶ 1 The issue in this case is whether the circuit court had jurisdiction to enter summary judgment in favor of the Township of Jubilee and against the State of Illinois (State) in an action to quiet title. For the reasons that follow, we hold that it did. We therefore affirm the judgment of the appellate court (405 Ill.App.3d 489, 344 Ill.Dec. 746, 937 N.E.2d 769), which affirmed the circuit court of Peoria County's judgment.

¶ 2 BACKGROUND

¶ 3 The litigation before us is the result of a dispute over ownership of two parcels of property located in the Township of Jubilee. For purposes of this opinion, the two parcels shall be referred to collectively as the "public square." So far as we can tell, the property has never served as an actual public square. The name is derived from a survey and plat described later in this opinion.

¶ 4 The "public square" was originally part of a larger land acquisition made by *552 Philander Chase in 1839.[1] Chase bought the ground in order to establish a college there. The institution, Jubilee College, was incorporated under the laws of Illinois several years after it was founded. When Chase died in 1852, he bequeathed the land to the college's trustees.

¶ 5 In May of 1860, the Reverend Samuel Chase, Philander Chase's cousin and vice president of Jubilee College, certified a plat and survey labeled the "Plan of Jubilee" and referred to as the "Town Plat of Jubilee." Rev. Chase was authorized to do so on behalf of the college's trustees, who were the record owners of the property. The plat and survey, which included the subject property and identified it as "the public square," were duly recorded in the recorder of deeds office of Peoria County. The portion of the plat and survey containing the "public square" complied with the legal requirements then in effect for a statutory dedication. The dedication of the "public square" was impliedly accepted by the Township and fee simple vested in the public.

¶ 6 The college closed not long after the plat and survey were recorded. Eventually, in 1926, an action was brought by the State for dissolution of the Jubilee College corporation. That action was successful. The corporation was formally dissolved, and the college's charter was declared null and void.

¶ 7 Approximately five years following the college's dissolution, the chancery court of Peoria County held that as a result of the dissolution, ownership of the property previously owned by Philander Chase and bequeathed to the "Trustees of Jubilee College" should revert to Philander Chase's heirs. The court appointed three commissioners to "fairly and impartially" partition the land among those heirs or, in the alternative, to have it appraised for sale.

¶ 8 Various tracts of the former Jubilee College property were sold at auction in 1931. An individual named George Zeller was the high bidder. After obtaining title to the property, Zeller conveyed certain portions of it to the Boy Scouts of America and other portions to Saint Paul's Parish of the Protestant Episcopal Church of Peoria. The property was, in turn, deeded to the State. From the record before us, it appears that neither the 1931 sale nor the subsequent conveyances included or purported to include the "public square."

¶ 9 The portion of the former Jubilee College property deeded to the State became a state historic site. In 1986, the State converted the property to a state park. Although the "public square" was not included in the property deeded to the State, the record indicates that the State erected a sign on a portion of the "public square" describing it as a "state park or state historic site." State employees performed maintenance on that sign for more than two decades and mowed the lawn on the "public square." In addition, the State allowed other individuals to plant and care for a prairie area on the premises.

¶ 10 The "public square" originally covered an area measuring 2.52 acres. A county road now cuts through the land, dividing it into two smaller parcels. The larger of the two parcels covers 1.6 acres and has been given the parcel identification number XX-XX-XXX-XXX. The smaller parcel, whose parcel identification number is XX-XX-XXX-XXX, is approximately 0.127 acres in size.

*553 ¶ 11 In 1997, the trustees of the Township of Jubilee approved a resolution authorizing the Township's attorney to bring an action to quiet title to the "public square" and to take such further action as might be necessary to sell the property. Eventually, in September of 2003, such an action was filed. Styled a "complaint for declaratory judgment and to quiet title," the Township's pleading named as defendants the State of Illinois, the County of Peoria, the trustees of Jubilee College, unknown owners and nonrecord claimants.

¶ 12 When no response was filed by or on behalf of the trustees of Jubilee College, the unknown owners or the nonrecord claimants, the Township successfully moved for entry of a default judgment as to those parties. The State then moved to dismiss the Township's complaint against it pursuant to section 2-619(a)(1) of the Code of Civil Procedure (735 ILCS 5/2-619(a)(1) (West 2002)). As grounds for its motion, the State argued that under the State Lawsuit Immunity Act (Immunity Act) (745 ILCS 5/0.01 et seq. (West 2002)) and the Court of Claims Act (Claims Act) (705 ILCS 505/1 et seq. (West 2002)) the circuit court had no jurisdiction to consider the Township's action for declaratory judgment and to quiet title as it pertained to the State. In the State's view, exclusive jurisdiction to consider the Township's property claims with respect to the State lay in the Court of Claims.

¶ 13 By order dated March 16, 2004, the circuit court denied the State's motion to dismiss and granted the State additional time to file its answer. Instead of submitting an answer, however, the State filed a document it labeled "counter-complaint," but later sometimes referred to simply as a "complaint." That pleading did not respond to the allegations of the Township's complaint. Rather, it was structured as a separate action to quiet title. It averred that the Township did not hold title to the land known as the "public square," that the State was "the owner in fee simple" of the subject property, that the State claimed title as "Successor Trustee to Jubilee College as identified by the Plat of 1860," and that the Township's claim should be deemed a cloud on the State's title.

¶ 14 Time passed. No further action was taken in the case for more than three years. Eventually, in January of 2008, the State did answer the Township's complaint. Then more time passed. In October of 2009, the State filed a motion for summary judgment.

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Cite This Page — Counsel Stack

Bluebook (online)
2011 IL 111447, 960 N.E.2d 550, 355 Ill. Dec. 668, 2011 Ill. LEXIS 2227, Counsel Stack Legal Research, https://law.counselstack.com/opinion/township-of-jubilee-v-state-ill-2011.