Metropolitan Water Reclamation District of Greater Chicago v. Terra Foundation for American Art

Illinois Appellate Court
Civil Court
Easements
Citation
Case Number: 
2014 IL App (1st) 130307
Decision Date: 
Monday, June 9, 2014
District: 
1st Dist.
Division/County: 
Cook Co.,1st Div.
Holding: 
Affirmed as modified.
Justice: 
HOFFMAN
Plaintiff, a municipal corporation, blocked access to alley to which defendant companies, which had purchased adjacent property to develop, had recorded easements. Claim of intentional interference with easement, for which tort damages (including economic losses) are allowed, seeks to protect possessors of real property against unreasonable interference with their rights to access and use their property. District had duty not to interfere with company's use of easement. Company presented evidence of consequential damages, including costs incurred due to District's interference with its right to use easement, including increased interest obligations and rent payments.(CUNNINGHAM and DELORT, concurring.)