Chamness v. Mays

Illinois Appellate Court
Civil Court
Real Property
Citation
Case Number: 
2014 IL App (5th) 130381
Decision Date: 
Monday, August 4, 2014
District: 
5th Dist.
Division/County: 
Union Co.
Holding: 
Affirmed.
Justice: 
STEWART
Court properly granted summary judgment in favor of Defendants, whose access to their property was solely via a county gravel road. Court properly found that county did not abandon road, and that road remains a public roadway. Disputed portion of road was in disrepair, and had become overgrown with brush and trees over the years. As there has never been legal right to an alternate route serving same purpose as disputed portion of the road, and as a road is an indispensible public necessity that the public would not abandon without replacing, county did not abandon the disputed portion of the road.(SPOMER and SCHWARM, concurring.)