J. C. Penney Co. v. Andrews

J. C. Penney Company, Inc., plaintiff, sought a declaratory judgment to determine its right of free access to a public street across a two-foot-wide strip located on the property of the defendant Clayton Andrews. Characterizing the reserve strip as a “spite strip” the trial judge found it against public policy and granted plaintiff’s motion for summary judgment. Defendant appeals.

In 1973 Penney acquired an option to purchase a tract of land of approximately 135 acres commonly known as the Machesney Airport property for a development which included a shopping center, and had the property…