Seymour v. Harris Trust & Sav. Bank of Chicago

PRESIDING JUSTICE DiVITO

delivered the opinion of the court;

Plaintiffs Frederick P. and Janet S. Seymour filed this action for declaratory judgment and injunctive relief alleging that defendants Robert W. and Katherine B. Stotler, their neighbors, were impermissibly interfering with their right to use two easements on defendants’ property. In an agreed order, the circuit court granted plaintiffs’ motion for summary judgment on defendants’ affirmative defenses of laches, nonuse, abandonment, and estoppel. It later granted plaintiffs summary judgment on the defense of merger as well, but it…