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CATHOLIC BISHOP v. CHICAGO TITLE AND TRUST

No. 1-10-2389.

954 N.E.2d 797 (2011)

352 Ill. Dec. 714

CATHOLIC BISHOP OF CHICAGO, an Illinois Corporation Sole, Plaintiff-Appellee, v. CHICAGO TITLE AND TRUST COMPANY, as Trustee Under Trust Agreement Dated July 7, 1993 and Known as Trust No. 1098385; and Nick Karris, Beneficiary of Trust Agreement Dated July 7, 1993 and Known as Trust No. 1098385, Defendants-Appellants (Ole, Inc., an Illinois Corporation, d/b/a 1492 Tapas, Defendant).

Appellate Court of Illinois, First District, Third Division.

June 29, 2011.

Attorney(s) appearing for the Case

Collins, Bargione & Vuckovich, Chicago ( George B. Collins , Adrian Vuckovich , of counsel), for appellants.

Burke, Warren, MacKay & Serritella, P.C., Chicago ( Jay S. Dobrutsky , Alexander D. Marks , of counsel), for appellee.

OPINION

Presiding Justice QUINN delivered the judgment of the court with opinion.

¶ 1 Plaintiff, Catholic Bishop of Chicago (Catholic Bishop), sought a declaratory judgment that defendants' claim of a prescriptive easement over a walkway on plaintiff's property was invalid. The circuit court granted summary judgment in plaintiff's favor because defendants had not established exclusivity, where the Catholic Bishop, as owner, had not been altogether deprived...

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