Hahn v. The County of Kane

Property, adjacent to a planned improvement of intersection by county, was deeded to a trust; trust and county entered into sales agreement for strip of land in fee simple, and temporary and permanent easements. Nearby property was sold to company which obtained building permit to construct stormwater management facility. Court erred in finding company an assign of the county, as company was invited only to partake of use and enjoyment of easement, but county did not assign to company its right to use of property. Easement owner is entitled to necessary use of easement. Property owner's actions in resisting expansion of easement did not violate contract. (BURKE and SCHOSTOK, concurring.)