Tapley v. Peterson

I respectfully dissent. I would hold that plaintiffs did not prove their 20-year possession of the disputed triangle by “clear and unequivocal evidence.” Martin v. My Farm, Inc. (1983), 111 Ill. App. 3d 1097, 1103, 445 N.E.2d 44, 48.

The critical question of fact at trial was when the Nowaks began to “possess” the disputed area by beginning construction of their driveway. Mr. James apparent deposition testimony that work on the drive-in theater began in 1963 and that the drive-in theater opened for business on February 7, 1964, is uncontradicted (no transcript of James’ deposition appears of…