MARCH 19, 2007
PERRY BIGELOW, and THE BIGELOW ) Appeal from the
GROUP, INC., an Illinois Corporation, ) Circuit Court of
) Cook County.
v. ) No. 03 CH 04739
THE CITY OF ROLLING MEADOWS, an )
Illinois Municipal Corporation, ) The Honorable
) Mary Anne Mason,
Defendant-Appellant. ) Judge Presiding.
JUSTICE GARCIA delivered the opinion of the court.
In March 2003, the plaintiffs, Perry Bigelow and the Bigelow
Group, filed a complaint for declaratory judgment against the
defendant, the City of Rolling Meadows (City). The plaintiffs
asked the court to declare that they were the owners of a 33-foot
strip of property (Subject Property) and that the City had no
interest in the property. Both parties filed motions for summary
judgment. The trial court granted the plaintiffs' motion,
finding there was no statutory dedication of the Subject Property
and that the City waived its argument that there was a common-law
dedication. The City appealed, arguing (1) the action is time-barred,
and (2) the Subject Property was dedicated to and