Village of Hillside v. Chicago, Aurora & Elgin Railroad

The Village of Hillside, an Illinois Municipal Corporation, (Hillside) instituted this cause on September 5, 1973, seeking injunctive relief against the Chicago, Aurora & Elgin Railroad Corporation (CA&E) for allegedly causing and maintaining a nuisance at its right-of-way crossing with 51st Avenue. The CA&E answered, denying liability, and further filed a third-party complaint against the Village of Bellwood (Bellwood). Pursuant to the third-party complaint, Bellwood filed its answer and affirmative defense alleging that the area in question was a public highway by prescription. On October…