Champaign National Bank v. Illinois Power Co.

Plaintiff brought this action against defendant in ejectment and in forcible entry and detainer. The trial court found for defendant on all counts of plaintiff’s second amended complaint, holding that defendant was an assignee of a valid commercial easement in gross. In the alternative, the court held that recitals in the deeds under which plaintiff took title estopped it from maintaining this action against defendant. The court also granted defendant’s request for a declaratory judgment declaring that defendant has a perpetual easement on the subject property.

The defendant and the Illinois…