Mortgagee brought foreclosure actions against multiple defendants, seeking to foreclose on roads and outlots contained in two failed subdivisions located in village. Village moved to dismiss. The Circuit Court dismissed action. Mortgagee appealed.
The Appellate Court held that:
- Village’s acceptance of dedication of roads and outlots in subdivisions, between four and six years after developers made offers to dedicate such roads and outlots, was timely;
- Mortgagee’s mere filing of foreclosure complaint to foreclose on roads and outlots did not act as revocation of developers’ offers to dedicate such roads and outlots to village;
- Village was not required to improve streets and outlots of subdivisions in order to prove acceptance of statutory dedication of such streets and outlots; and
- Mortgagee impliedly consented to dedication of streets and outlots.