Village of Lake Bluff v. Dalitsch

The Village of Lake Bluff, a municipal corporation bordering on Lake Michigan in Lake County, brought an action in the circuit court of that county under section 573^ of the Civil Practice Act in which it sought a declaration of rights in and to Lillian Dells Drive, a public driveway located within the village. The case was tried by the court without a jury, and the court held that there had been no breach of the condition contained in the deed of dedication to maintain the drive in a reasonable state of repair, except as to the lower portion of the drive extending along and upon the beach…