In Gacki v. Bartels, No. 2-03-0888 (2004) (unpublished order under Supreme Court Rule 23), this court determined that the 40-year statute of limitations on claims to real estate (735 ILCS 5/13-118 (West 2002)) did not apply to implied easements by necessity.
Summary of this case from Gacki v. BartelsNo. 2-03-0888.
September 13, 2004.
Appeal from Du Page County.
Disposition of Cases By Order Aff'd in pt., rev'd in pt. rem.
In Gacki v. Bartels, No. 2-03-0888 (2004) (unpublished order under Supreme Court Rule 23), this court determined that the 40-year statute of limitations on claims to real estate (735 ILCS 5/13-118 (West 2002)) did not apply to implied easements by necessity.
Summary of this case from Gacki v. BartelsIn Gacki, No. 2-03-0888, we had explained that there was "no legal foundation for the trial court's implication that the creation of an implied easement by necessity involves a balancing of hardships.
Summary of this case from Gacki v. BartelsFull title:Gacki v. Bartels
Court:Appellate Court of Illinois, Second District
Date published: Sep 13, 2004
Thereafter, the plaintiff appealed to this court. In Gacki v. Bartels, No. 2-03-0888 (2004) (unpublished…