Emanuel v. Hernandez

Defendants and third-party plaintiffs, Jose and Lisa Hernandez, appeal an order granting plaintiffs, Wayne and Katherine Emanuel, summary judgment (735 ILCS 5/2 — 1005(c) (West 1998)) on one count of a complaint for declaratory judgment. The trial court ruled that plaintiffs have an easement by implication over defendants’ property. Defendants argue that the judgment cannot stand because plaintiffs failed to prove all the elements of either an easement by necessity or an easement by prior existing use. We agree with defendants and reverse.

Plaintiffs own the property at 920 Pearl Street in…