Illinois Appellate Court
Civil Court
Easements
Plaintiff sought judicial declarations that its proposed development of multi-story commercial and residential building would not violate easement held by Defendant. Easement provided that it would remain in force so long as property is continously operated as a hotel. Hotel closed for a decade due to bankruptcy, but then Defendant purchased it, refurbished and reopened the hotel. Language of agreement provided for termination upon non-temporary business interruption, and thus no action by any party was required to effectuate termination of easement. Hotel closure for 10 years was not a "temporary interruption", and automatic stay provision of Bankruptcy Code did not apply. Evidence presented factual issues whether development plan was a substantial change, and thus summary judgment should not have been granted.
(CONNORS and CUNNINGHAM, concurring.)