Adverse Possession and Dedicated Public Property in Illinois

Plaintiffs filed a Complaint, with alternative theories of adverse possession and a prescriptive easement, to quiet title to a 16-foot wide strip of land running between the parties’ properties.  However, the 16-foot strip of land was statutorily dedicated property held in trust for public use as an alleyway.  Ultimately, the Court dismissed the Complaint with prejudice finding that non-use or non-development of dedicated public property such as the alleyway at issue does not constitute abandonment.  As for the alternative theories, the Court found that adverse possession and prescriptive easement claims do not lie against property held in trust for public use by a municipal entity.  Mazal v. Arias.