Decision Under Appeal from the Appellate Court for the Third District; heard in that Review court on appeal from the Circuit Court of Peoria County, the Hon. Stuart P. Borden, Judge, presiding Judgment
The opinion of the court was delivered by: Justices Justice Karmeier
ILLINOIS O FFICIAL REPORTS
Township of Jubilee v. State of Illinois,
Caption in Supreme Court: The State of Illinois,
Held The State's immunity from suit in circuit court did not apply in a (Note: This syllabus township's quiet title action against it after the State responded with its constitutes no part of own quiet title action; and there was no lack of jurisdiction for a summary the opinion of the court judgment subsequently entered against it. but has been prepared by the Reporter of Decisions for the convenience of the reader.)
Justices JUSTICE KARMEIER delivered the judgment of the court, with opinion.
Chief Justice Kilbride and Justices Freeman, Thomas, Garman, Burke, and Theis concurred in the judgment and opinion.
¶ 1 The issue in this case is whether the circuit court had jurisdiction to enter summary judgment in favor of the Township of Jubilee and against the State of Illinois (State) in an action to quiet title. For the reasons that follow, we hold that it did. We therefore affirm the judgment of the appellate court (405 Ill. App. 3d 489), which affirmed the circuit court of Peoria County's judgment.
¶ 3 The litigation before us is the result of a dispute over ownership of two parcels of property located in the Township of Jubilee. For purposes of this opinion, the two parcels shall be referred to collectively as the "public square." So far as we can tell, the property has never served as an actual public square. The name is derived from a survey and plat described later in this opinion.
¶ 4 The "public square" was originally part of a larger land acquisition made by Philander Chase in 1839.*fn1 Chase bought the ground in order to establish a college there. The institution, Jubilee College, was incorporated under the laws of Illinois several years after it was founded. ...