The Township of Jubilee v. The State of Illinois 

Illinois Appellate Court
Civil Court
Quiet Title
Citation
Case Number: 
No. 3-09-0431
Decision Date: 
Wednesday, October 20, 2010
District: 
3d Dist.
Division/County: 
Peoria Co.
Holding: 
Affirmed.
Justice: 
McDADE
Township filed action to quiet title against State of Illinois, and court granted summary judgment in favor of Township, quieting title to a 2.5 acre parcel of land on "public square" on land where Jubilee College once stood. State converted College real estate, but not public square, from a state historic site to a state park. Court properly found that Township had obtained title via implicitly accepting the proper 1860 statutory dedication of the "public square", as all five statutory requirements were met, including that requisite stones were placed at the four corners of the public square, as is confirmed by the county surveyor's certification. Township's act of granting permission to change path of roadway evidences its assumption of ownership and control over the public square. State's mowing of grass on property was not sufficient to establish adverse possession. (WRIGHT and LYTTON, concurring.)