Warsaw v. Chicago Metallic Ceilings, Inc.

For roughly seven years, trucks servicing Warsaw's (plaintiff) building openly used a 150-foot strip on CMC's (defendant) adjoining land to turn and access Warsaw's loading dock, despite Warsaw's unsuccessful attempts to obtain a formal easement and CMC's express refusal to grant one; CMC then built on the strip with knowledge of Warsaw's pending suit, blocking the access. The trial court found Warsaw had acquired a 25-foot prescriptive easement and ordered CMC to remove the encroaching portion of its building at its own cost; CMC appealed on multiple grounds.