Diercks v. Village of Algonquin

The plaintiffs, Arthur E. Diercks and his wife, Lena, brought this action in ejectment, claiming fee-simple title to property that they had previously conveyed to the defendant, the village of Algonquin, for use as a public park. The complaint alleged that the defendant had breached the condition contained in the deed in that it did not maintain the property as a public park, but on the contrary, stored cinders and other materials and parked fire fighting equipment on it, and erected and maintained signs prohibiting its use by the public. The defendant denied these allegations, and asserted…