National Boulevard Bank v. Department of Transportation, Division of Highways

Defendants appeal an order of the trial court entered after we had reversed and remanded its earlier finding that a 13.3-foot strip of plaintiffs’ real estate had become a highway by prescription. Defendants contend that (1) a finding which led to the entry of the trial court’s order was contrary to the holding and mandate of the appellate court; and (2) the relief granted to plaintiffs in the form of a determination of damages was contrary to the common law and the Illinois Sovereign Immunity Act. We reverse and remand.

On May 5,1975, plaintiffs filed suit against defendants, claiming that…