A property dispute over the use of a rural road has culminated in a legal battle, with the plaintiff seeking to establish that the road is public and accessible. The complaint was filed by Ross E. Shepard Jr. in the Circuit Court of Clay County on October 18, 2022, against Jeff Hackmann, Lisa Hackmann, and Darrell Allen, the Road Commissioner for Songer Township.
The crux of Shepard's case lies in his claim that Tamarack Road, which passes through property owned by the Hackmanns, should be declared a public road due to its usage as a highway for over 15 years. Shepard also sought an easement by prescription and implication to ensure access to his landlocked property. Exhibits attached to the complaint included various maps and deeds dating back to 1974.
In response, the Hackmanns filed a motion for judgment on the pleadings concerning counts II and III of Shepard’s amended complaint. Count III sought an easement by implication, which Shepard argued was necessary due to his property's landlocked status following the termination of an earlier easement in 2017. However, during a hearing on January 9, 2023, Judge Joel J.C. Powless ruled against Shepard's claim for an implied easement by necessity.
Judge Powless noted that when Judith Kay Franklin severed her property in 2007 and retained an easement for her lifetime or until she transferred ownership, it indicated no intention to create a permanent easement beyond her tenure. This decision effectively nullified Shepard's argument for an implied easement since his property was not landlocked at the time of severance.
Shepard's subsequent motion to reconsider this ruling was denied after Judge Powless personally viewed the disputed property on January 27, 2023. The matter then proceeded to trial on April 28, 2023, focusing on whether Tamarack Road had become a public road through prolonged public use.
During the trial, testimonies from local officials like Jennifer Brown from Clay County 911 and Darrell Allen highlighted that Tamarack Road had never been officially recognized or maintained as a public road. Despite evidence presented by Shepard showing occasional vehicular traffic on Tamarack Road via security camera footage post-2022, it failed to convince Judge Powless that it met the criteria under Illinois law for being deemed public through dedication or continuous use.
Ultimately, Judge Powless ruled in favor of the defendants on May 11, 2023. He concluded that Shepard did not meet his burden of proof regarding both claims: establishing Tamarack Road as a public highway and securing an implied easement by necessity.
The attorneys involved in this case were not explicitly named in the document provided. The presiding judge was Joel J.C. Powless with Justices Barberis and Sholar concurring in judgment under Case ID No. 22-MR-5.