Gacki v. Bartels

              No. 2--05--1261 filed: 12/7/06
_____________________________________________________________________________
IN THE
APPELLATE COURT OF ILLINOIS
SECOND DISTRICT
______________________________________________________________________________
CONRAD GACKI, ) Appeal from the Circuit Court
) of Du Page County.
Plaintiff-Appellant, )
)
v. ) No. 01--CH--1647
)
RAYMOND E. BARTELS and )
LORI A. BARTELS, ) Honorable
) Bonnie M. Wheaton,
Defendants-Appellees. ) Judge, Presiding.
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JUSTICE GILLERAN JOHNSON delivered the opinion of the court:
The plaintiff, Conrad Gacki, appeals from the November 22, 2005, order of the circuit
court of Du Page County denying his motion for summary judgment and granting summary
judgment to the defendants, Raymond and Lori Bartels. The plaintiff's second amended
complaint requested an easement by necessity over the defendants' property. The parties filed
cross-motions for summary judgment. The trial court determined that the plaintiff was not
entitled to an easement by necessity over the defendants' property and thereby granted the
defendants' motion for summary judgment. On appeal, the plaintiff argues that the trial court
erred in granting the defendants' motion for summary judgment and denying his motion for
summary judgment. We affirm in part, reverse in part, and remand for additional proceedings.