Illinois Appellate Court
Civil Court
Easements
Plaintiff, owner of parcel of real estate used as an open-air parking lot, filed action seeking judicial declarations that its proposed development of multi-story commercial and residential building would not violate an easement held by Defendant company, which owned adjacent parcel of real estate used as a hotel. Easement, granted in 1984, provided that owner would have easement for parking, which would remain in force so long as property is operated as a hotel. Hotel fell into disuse from 1986 to 1999, when hotel re-opened after refurbishing. Because the easement provided that right to free parking would automatically terminate without any reentry or other act on the part of the grantor, easement does not contain a condition subsequent. Record did not establish continuous, adverse possession for 20 years, thus court improperly dismissed a count as barred by Section 13-101 of Code of Civil Procedure. Plaintiff presented evidence establishing that Defendant would not be substantially harmed by proposed modifications to easement for ingress and egress, thus established prima facie case for declaratory judgment action. (CUNNINGHAM and THEIS, concurring.)