LIMESTONE DEVELOPMENT v. VILLAGE OF LEMONT

No. 1-95-2781.

672 N.E.2d 763 (1996)

284 Ill. App.3d 848

219 Ill.Dec. 910

LIMESTONE DEVELOPMENT CORPORATION, Plaintiff-Appellee, v. The VILLAGE OF LEMONT and K.A. Steel Chemicals, Inc., Defendants-Appellants.

Appellate Court of Illinois, First District, Third Division.

Rehearing Denied November 25, 1996.


Attorney(s) appearing for the Case

Butler, Rubin, Saltarelli & Boyd, Chicago (Gerald G. Saltarelli and Louis J. Aurichio, of counsel), for Defendant-Appellant, K.A. Steel Chemicals, Inc.

Herbas, Sotos, Condon & Bersani, P.C., Chicago (Michael D. Bersani, of counsel), for Defendant-Appellant, Village of Lemont.

McDermott & McDermott, Ltd., Matteson (David G. McDermott, of counsel), for Limestone Development Corp.


Justice CERDA delivered the opinion of the court:

This dispute involves the use of an unpaved road that leads from Main Street in Lemont to a nearby quarry area and to the property of plaintiff, Limestone Development Corporation (LDC). The issue in this preliminary injunction case is whether the petitioner made a fair showing that the canal road became a public highway by prescriptive easement, implied easement, statutory dedication or common law dedication.

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