Bjork v. Draper

State: Illinois

Court: 2nd District Appellate

Docket No: 2-06-1145 Rel

Case Date: 04/25/2008

Preview:No. 2--06--1145 Filed: 4-25-08 ______________________________________________________________________________ IN THE APPELLATE COURT OF ILLINOIS SECOND DISTRICT ______________________________________________________________________________ JOHN BJORK and STEPHANIE BJORK, ) Appeal from the Circuit Court ) of Lake County. Plaintiffs-Appellants and ) Cross-Appellees, ) ) v. ) No. 03--MR--1491 ) JOHN DRAPER, LIZ DRAPER, and LAKE ) FOREST OPEN LANDS ASSOCIATION, ) ) Honorable Defendants-Appellees and ) Stephen E. Walter, Cross-Appellants. ) Judge, Presiding. ______________________________________________________________________________ JUSTICE GILLERAN JOHNSON delivered the opinion of the court: The instant controversy arises from a dispute between the plaintiffs, John and Stephanie Bjork, and their neighbors, the defendants John and Liz Draper, as to whether a conservation easement on the Drapers' property could be amended. The defendant Lake Forest Open Lands Association (the Association) is in charge of managing the conservation easement. The Association allowed the Drapers to amend the easement on three occasions. The trial court ruled that, as a matter of law, the conservation easement could be amended. Following a bench trial, the trial court determined that the first two amendments to the easement were proper but that the third amendment was not. The Bjorks filed a notice of appeal, contending that the trial court erred in determining that the conservation easement could be amended. The defendants filed a cross-appeal, asserting that the

No. 2--06--1145 trial court erred in determining that the entire third amendment was invalid. We affirm in part, reverse in part, and remand for additional proceedings. I. Background On December 30, 1998, J. Douglas Gray and Karen Z. Gray of 1240 North Sheridan Road in Lake Forest made a grant of a conservation right and easement in favor of the Association. This easement was granted pursuant to the provisions of the Real Property Conservation Rights Act (Act) (765 ILCS 120/10.01 et seq. (West 1998)). The Act pertains to preserving property that has some significant natural, historic, architectural, cultural, or scenic feature. 765 ILCS 120/1 (West 1998); see also G. Covington, Conservation Easements: A Win/Win for Preservationists and Real Estate Owners, 84 Ill. B.J. 628, 628 (1996). The Internal Revenue Code (Code) provides that conservation easements are tax deductible if they meet certain requirements in the Code or in regulations. 26 U.S.C.

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