A recent court decision highlights the importance of timely legal filings and accurate property surveys in land disputes. On September 6, 2024, the Appellate Court of Illinois dismissed an appeal filed by a defendant challenging a summary judgment regarding a property encroachment case. The complaint was initially filed by Hattie Jackson in the Circuit Court of Cook County on December 8, 2021, against Sabrina Hunter.
The dispute centers around a wooden fence extension that Jackson alleges encroaches onto her property by 1.1 feet. Jackson's complaint sought both a declaratory judgment and an injunction to remove the fence. She claimed that Hunter, whose property is adjacent to hers, constructed the extension along their shared southern border. According to Jackson, a plat of survey attached to her complaint confirmed this encroachment.
Hunter responded pro se on July 28, 2022, denying that she had built any new fence extension. Instead, she argued that the wooden fence was merely a replacement for an existing wire fence and that it predated her ownership of the property. She also presented her own plat of survey which she claimed aligned with her deed and contradicted Jackson's claims.
Despite these defenses, Jackson filed for summary judgment on December 8, 2022, reiterating her claim with additional evidence from another plat of survey conducted by Leon Pass from a surveying company. This survey again indicated that Hunter’s fence extended onto Jackson’s land.
The trial court ruled in favor of Jackson on October 5, 2023, granting summary judgment and ordering the removal of the fence extension. Hunter subsequently filed multiple motions to vacate this decision but failed to comply with procedural rules regarding appellate briefs and timely notices of appeal.
Hunter's appeal was ultimately dismissed due to jurisdictional issues stemming from untimely filings. According to Illinois Supreme Court rules, appeals must be filed within 30 days after a final judgment or post-trial motion ruling. Hunter missed this deadline when she filed her notice of appeal on February 9, 2024—well beyond the permissible period following the trial court’s denial of her post-judgment motion on December 26, 2023.
In dismissing the appeal for lack of jurisdiction, Justice C.A. Walker emphasized that adherence to procedural rules is mandatory and jurisdictional for maintaining an appeal.
Attorneys involved in this case include Cecilia A. Horan as presiding judge in the initial trial court proceedings and Justices Tailor and Hyman concurring with Justice Walker's dismissal order under Case ID No. 1-24-0313.