River's Edge Homeowners' Ass'n v. City of Naperville

PRESIDING JUSTICE O’MALLEY

delivered the opinion of the court:

Plaintiff, River’s Edge Homeowners’ Association, sued defendant, City of Naperville, for a declaratory judgment that defendant’s proposed bicycle path exceeded its easement rights on the River’s Edge property. The trial court denied both parties’ motions for summary judgment. After a bench trial, the trial court denied plaintiffs complaint for declaratory judgment. Plaintiff appeals the trial court’s denial of its motion for summary judgment and the trial court’s ultimate ruling for defendant after a bench trial. Because we hold…