Klose v. Mende

Jerome and Ruth Klose (plaintiffs) filed an amended complaint for declaratory judgment (complaint) against Frederick E. Mende (defendant), seeking a court order that would establish plaintiffs’ fee simple title in two roadways. The trial court found that the Meriden Township road district held valid dedications for the two roads and dismissed plaintiffs’ complaint. Plaintiffs then moved for leave to file a second amended complaint, which the court denied. Plaintiffs now appeal from the dismissal of their claim.

FACTS

On October 6, 1995, plaintiffs recorded a warranty deed (deed) in the La Salle…