Illinois Condemnation Law

Meryl Squires-Cannon, et al. v. Forest Preserve District of Cook County, et al.

The Forest Preserve District of Cook County, Illinois, has been trying to acquire a 400-acre estate in Barrington after the owners defaulted on a mortgage and note held by the Forest Preserve. The Forest Preserve foreclosed and then bought the property at the foreclosure auction. The original owners have expressed their opposition by filing five lawsuits of their own, in addition to raising af-fir... More...

$0 (07-26-2018 - IL)

The Department of Natural Resources v. Shirley A. Waide

¶ 1 Plaintiff, the Department of Natural Resources of the State of Illinois (Department), formerly the Department of Conservation, sought reformation of a warranty deed or a declaration that the warranty deed did not reserve an undivided one-fourth interest in the mineral rights of certain property conveyed by the warranty deed. Defendants, the heirs and assignees of the estate of the previous ow... More...

$0 (07-17-2013 - IL)

American Civil Liberties Union of Illinois

The Illinois eavesdropping statute makes it a felony to audio record "all or any part of any conversationâ€ unless all parties to the conversation give their consent. 720 ILL. COMP. STAT. 5/14-2(a)(1). The statute covers any oral communication regardless of whether the communication was intended to be private. Id. 5/14-1(d). The offense is normally a class 4 felony but is elevated... More...

$0 (05-08-2012 - IL)

Maetta Vance, v. Ball State University, et al.,

Maetta Vance was the only African-American working in her department at Ball State University("Ball Stateâ€) when racially charged discord erupted. In 2005, Vance began filing complaints with Ball State about her coworkers' offensive conduct, which included the use of racial epithets, references to the Ku Klux Klan, veiled threats of physical harm, and other unpleasantries. In 2006 she filed... More...

$0 (06-03-2011 - IL)

John W. Costello v. Steven R. Grundon

This consolidated case comes to us on appeals from the district court's grant of summary judgments in favor of the plaintiff-appellee, John W. Costello, Litigation Trustee under the Comdisco Litigation Trust, and against defendants-appellants in an action to enforce certain promissory notes. For the reasons that follow, we affirm in part and vacate in part the grants of summary judgment in favor o... More...

$0 (10-18-2010 - IL)

Al's Service Center, et al. v. BP Products North America, Inc.

This suit under the Petroleum Marketing Practices Act, 15 U.S.C. Â§Â§ 2801 et seq., pits a defunct gas station in Oakbrook Terrace (a suburb of Chicago), called Al's Service Center, against BP, the giant oil company. Al's' owner is a coplaintiff, but we need not discuss him separately. The suit was filed almost seven years ago and has dragged on unconscionably as a result of confused la... More...

$0 (03-26-2010 - IL)

Muslim Community Center v. The Village of Morton Grove

The question presented in this consolidated appeal is whether the circuit court erred in finding that plaintiff, Muslim Community Center (MCC), was the owner of certain property located in the Village of Morton Grove, Illinois. Defendant, Village of Morton Grove (Village), contends on appeal that it holds title to the property. For the foregoing reasons, we affirm the circuit court's orders in fav... More...

$0 (06-17-2009 - IL)

Anthony Cribbin, et al. v. The City of Chicago, et al.

Land developers Anthony Cribbin and Peter Koulogeorge purchased property in Chicago with the intent of constructing apartment buildings on the property and then selling it at a profit. After they had owned the property for several years and incurred various expenditures in pursuit of their plans, the City of Chicago (City) rezoned the property, such that the planned construction was no longer allo... More...

$0 (08-15-2008 - IL)

Department of Transportation, State of Illinois v. Leroy W. Anderson and Speedway Superamerica LLC, et al.

Plaintiff Illinois Department of Transportation (Department) filed a complaint for condemnation of a parcel of property owned by defendant Speedway Superamerica LLC (Speedway). Speedway and defendant Leroy Anderson, as an interested party, filed a traverse and motion to dismiss, which the trial court denied. On appeal, Anderson contends that the trial court's quick-take order must be reversed beca... More...

$0 (07-18-2008 - IL)

Guardian Pipeline, LLC v. 950.80 Acres of Land, et al.

Guardian Pipeline needed easements to build a natural-gas pipeline that the Federal Energy Regulatory Commission authorized it to construct. What it could not acquire by negotiation, it proposed to take by condemnation under 15 U.S.C. §717f(h). This action covers more than a hundred parcels of land in northeastern Illinois. The district court appointed a commission to receive evidence and ... More...

$0 (05-13-2008 - IL)

The City of Chicago v. Giuseppe Zappani

Defendant, Giuseppe Zappani, appeals from an order of the circuit court of Cook County that denied his traverse and motion to dismiss and entered judgment orders setting $625,439 as just compensation for three parcels of land sought by plaintiff, City of Chicago (the City), in this consolidated condemnation cause of action. The following facts are undisputed: Defendant was the owner ... More...

$0 (12-06-2007 - IL)

DuPage County Forest Preserve v. Robert Krilich, Sr.

DuPage County Forest Preserve sued Robert Krilich, Sr. on an eminent domain theory to acquire the Country Lakes Golf Course by condemnation. Plaintiff claimed that the property had a fair market value of $4.5 million. Krilich claimed the property had a fair market value of $20 million.... More...

$10700000 (12-14-2007 - IL)

Leland Stahelin and Jes Ventures, LLC v. The Forest Preserve District of Du Page County and Morton Abroetum

Plaintiffs, Leland Stahelin and JES Ventures, L.L.C., are owners of an 18-acre parcel of land bordered on three sides by defendant Morton Arboretum (Morton). Plaintiffs wish to develop the property, and defendant the Forest Preserve District of Du Page County (the District) wishes to preserve the property in its current state, for the benefit of the public. Following negotiations to buy t... More...

$0 (10-10-2007 - IL)

<a href="http://www.ca7.uscourts.gov/fdocs/docs.fwx?submit=showbr&shofile=05-4418_039.pdf" target="_new">St. John's United Church of Christ, et al. v. The City of Chicago, et al.</a>

Mention Chicago to almost any person who has been on an airplane, and that person will immediately think of Chicago's O'Hare International Airport. It is one of the busiest airports in the world: in 2005, more than 76.5 million passengers passed through its facilities, along with 1.7 million tons of freight. See http://www.flychicago.com/events/KidsPage2006/OHareH istory.shtm (last visit... More...

$0 (09-17-2007 - IL)

<a href="http://www.ca7.uscourts.gov/fdocs/docs.fwx?submit=showbr&shofile=06-3735_022.pdf" target="_new">Bruce Peters v. Village of Clifton, et al.</a>

Bruce Peters brought this action under 42 U.S.C. § 1983 against the Village of Clifton ("Village"), Alexander, Cox & McTaggert, Inc. ("ACM") and Joseph McTaggert. He alleged that the defendants had trespassed on his property in order to expand the Village's sewage discharge system and, in so doing, had committed an unconstitutional taking of his property in violation of the Fifth and Fou... More...

$0 (08-27-2007 - IL)

<a href="http://www.ca7.uscourts.gov/tmp/V30EXODU.pdf" target="_new">Gary Schor v. Abbott Laboratories</a>

People infected by the human immunodeficiency virus (HIV), a retrovirus that causes the acquired immune deficiency syndrome (AIDS), can slow the progress of the disease by taking protease inhibitors, which hamper HIV's ability to copy itself into additional cells. Abbott Laboratories holds a patent on Norvir® (ritonavir), one such drug. When used in doses high enough to work as a stand-... More...

$0 (08-01-2006 - IL)

<a href="http://www.state.il.us/COURT/Opinions/SupremeCourt/2006/June/Opinions/Html/100624.htm" target="_new">Marvel Davis v. Kirk Brown, et al.</a>

Section 4-510 of the Illinois Highway Code (605 ILCS 5/4-510 (West 2004)) authorizes the Illinois Department of Transportation to prepare and record maps that "establish presently the approximate locations and widths of rights of way for future additions to the State highway system." Pursuant to this statute, the Department of Transportation prepared and recorded a map that set forth a right-o... More...

$0 (06-13-2006 - IL)

<a href="http://www.state.il.us/court/Opinions/AppellateCourt/2005/2ndDistrict/April/Html/2040397.htm" target="_new">Mavel Davis, et al. v. Kirk Brown and The Department of Transportation</a>

Plaintiffs appeal the order of the circuit court of Kendall County dismissing their declaratory judgment action against defendants, Kirk Brown and the Illinois Department of Transportation (Department). In their second amended complaint, plaintiffs sought to have section 4--510 of the Illinois Highway Code (Highway Code) (605 ILCS 5/4--510 (West 2002)) declared unconstitutional as improperly ta... More...

$0 (04-13-2005 - IL)

<a href="http://www.state.il.us/court/Opinions/AppellateCourt/2005/1stDistrict/January/Html/1031002.htm" target="_new">Maureen Baker, et al. v. Jewel Food Store, Inc., et al.</a>

Plaintiffs, Chicago area consumers who purchased milk at retail from defendants Jewel Food Stores, Inc. (Jewel) and Dominick's Finer Foods, Inc. (Dominick's), for the period from August 23, 1996, to August 23, 2000, filed a class action against defendants alleging that defendants conspired to fix, raise and maintain the price of milk in the Chicago area in violation of section 3(1)(a) of the Il... More...

$0 (01-28-2005 - IL)

<a href="http://www.ll.georgetown.edu/federal/judicial/fed/opinions/03opinions/03-1285.html" target="_new">SmithKline Beecham Corporation, et al. v. Apotex Corp., et al.</a>

Following a bench trial, the United States District Court for the Northern District of Illinois determined that the paroxetine hydrochloride anhydrate product produced by Apotex Corp., Apotex, Inc., and TorPharm, Inc. (collectively Apotex) will not infringe claim 1 of U.S. Patent No. 4,721,723 owned by SmithKline Beecham Corp. and Beecham Group, P.L.C. (collectively SmithKline). SmithKline Bee... More...

$0 (04-26-2004 - IL)

<a href="http://www.ca7.uscourts.gov/op3.fwx?submit1=showop&caseno=01-2928.PDF" target="_new">Johnnie Walton v. Kenneth R. Briley</a>

Petitioner-Appellant, Johnnie Walton, brought this action for a writ of habeas corpus under 28 U.S.C. § 2254(a) . He claimed that his trial in the Cook County Circuit Court was conducted in violation of his Constitutional right to a public trial. The district court did not agree and denied the writ. We reverse. I. BACKGROUND Johnnie Walton was arrested after delivering a sizeable qu... More...

$0 (03-17-2004 - IL)

<a href="http://www.state.il.us/court/Opinions/SupremeCourt/2004/February/Opinions/Html/95042.htm" target="_new">THE DEPARTMENT OF TRANSPORTATION ex rel. THE PEOPLE OF THE STATE OF ILLINOIS v. 151 INTERSTATE ROAD CORPORATION et al.</a>

This condemnation action presents a question of law on which our appellate court is divided: May a condemning authority's good faith in negotiating with a property owner be challenged in an interlocutory appeal brought pursuant to section 7-104(b) of the Eminent Domain Act (735 ILCS 5/7-104(b) (West 2000))? The Fifth District of the appellate court was the first to consider the question. ... More...

$9940 (02-11-2004 - IL)

<a href="http://www.state.il.us/court/Opinions/SupremeCourt/2003/November/Opinions/Html/95593.htm" target="_new">Randell L.D. Smith v. Central Illinois Regional Airport, et al.</a>

On November 22, 2000, plaintiff, Randell L.D. Smith, filed a pro se complaint(1) against defendants, Central Illinois Regional Airport, The Prairie Aviation Museum, and The Pantagraph, in the circuit court of McLean County. Count I of the complaint alleged that each summer, defendants operated, sponsored, and otherwise promoted a dangerous airshow near plaintiff's property in Bloomington, Illin... More...

$0 (11-25-2003 - IL)

<a href="http://www.ca7.uscourts.gov/op3.fwx?submit1=showop&caseno=02-3734.PDF" target="_new">Northern Border Pipeline Company v. 64.111 Acres of Land In Will County Illinois, et al.</a>

Federal law permits a natural-gas pipeline to condemn private land in order to assemble a transportation corridor, if the owner and the pipeline cannot agree on a price for the acquisition. See 15 U.S.C. §717f. Northern Border Pipeline Co., which has been licensed by the Federal Energy Regulatory Commission to build and operate an extension to an existing pipeline, filed a complaint see... More...

$0 (09-22-2003 - IL)

<a href="http://www.state.il.us/court/opinions/appellatecourt/2002/5thDistrict/February/Html/5990567.htm" target="_new=">Department of Transportation v. Drury Displays Inc.</a>

This case involves the extent of a taking in condemnation and the nature of compensation. The ultimate issue on appeal is whether the plaintiff, the Illinois Department of Transportation (the Department), an agency of the State, took the defendants' outdoor advertising signs in addition to the defendants' leasehold interests, to be used in a road construction project. The Department argues that... More...

$0 (02-07-2002 - IL)

<a href="http://www.state.il.us/court/opinions/appellatecourt/2003/5thDistrict/February/Html/5020434.htm" target="_new=">Department of Transportation v. Sunnyside Partnership, L.P.</a>

By Supreme Court Rule 307(a)(7) (166 Ill. 2d R. 307(a)(7)), The Sunnyside Partnership, L.P. (Sunnyside), files this interlocutory appeal as of right from the trial court's June 7, 2002, order finding that the Illinois Department of Transportation (IDOT) has the authority to exercise the right of eminent domain over property owned by Sunnyside, that Sunnyside's property is subject to IDOT's exer... More...

$0 (02-20-2003 - IL)

<a href="http://www.state.il.us/court/Opinions/SupremeCourt/2003/February/Opinions/Html/93852.htm" target="_new">Friends of the Park, et al. v. The City Chicago Park District, et al.</a>

Plaintiffs, Friends of the Parks, together with 11 individual members of that organization and the Landmarks Preservation Council of Illinois, sued the Chicago Park District (Park District), the Illinois Sports Facilities Authority (Authority), the Chicago Bears Football Club, Inc. (Bears), the Chicago Bears Stadium L.L.C. (Stadium), and the City of Chicago (City) seeking a declaratory judgment... More...

$0 (02-21-2003 - IL)

<a href="http://www.state.il.us/court/Opinions/AppellateCourt/2003/4thDistrict/January/Html/4020353.htm" target="_new">Randell L.D. Smith v. Central Illinois Regional Airport, et al.</a>

In November 2000, plaintiff, Randell L.D. Smith, filed a complaint against defendants, the Central Illinois Regional Airport (Airport), the Prairie Aviation Museum, and the Pantagraph, alleging that an annual air show sponsored and operated by defendants (1) created a nuisance (count I), (2) constituted a trespass upon Smith's property (count II), and (3) amounted to an inverse condemnation of his... More...

$0 (01-17-2003 - IL)

<a href="http://www.state.il.us/court/Opinions/SupremeCourt/2002/October/Opinions/Html/91496.htm" target="_new">Fred Eychanger, et al. v. Theodore Gross, et al.</a>

Plaintiffs, Fred Eychaner and Betty Lou Weiss, were directors of the Auditorium Theatre Council (Council). Plaintiffs brought an action against defendants, Roosevelt University and its president, Theodore Gross (collectively Roosevelt), in the circuit court of Cook County. In the claims and counterclaims that developed in this case, the Auditorium Theatre Council, Inc. (ATC Inc.), and Roosevelt, r... More...

$0 (10-04-2002 - IL)

<a href="http://www.state.il.us/court/Opinions/AppellateCourt/2002/5thDistrict/February/Html/5990567.htm" target="_new">The Department of Transportation v. Drury Displays, Inc.</a>

This case involves the extent of a taking in condemnation and the nature of compensation. The ultimate issue on appeal is whether the plaintiff, the Illinois Department of Transportation (the Department), an agency of the State, took the defendants' outdoor advertising signs in addition to the defendants' leasehold interests, to be used in a road construction project. The Department argues that it... More...

$227370 (02-07-2002 - IL)

<a href="http://www.state.il.us/court/Opinions/SupremeCourt/2002/April/Opinions/Html/87809.htm" target="_new">The Southwest Illinois Development Authority v. City National Environmental, L.L.C.</a>

The issue in this case is whether the Southwestern Illinois Development Authority (SWIDA) properly exercised the power of eminent domain to take property owned by National City Environmental, L.L.C., and St. Louis Auto Shredding Company (collectively NCE), and convey that property to Gateway International Motorsports Corporation (Gateway). The circuit court of St. Clair County ruled that SWIDA had... More...

$0 (04-05-2002 - IL)

<a href="http://www.ca7.uscourts.gov/op3.fwx?yr=01&num=8016&Submit1=Request+Opinion" target="_new">John H. Isaacs v. Sprint Corporation, et al.</a>

Beginning in the 1980s, Sprint purchased from some 40 different railroads operating in every state of the continental United States the right to install fiber-optic cables on the railroads' rights of way. A suit has been filed in the district court on behalf of owners of the land adjacent to these rights of way, claiming that the right belongs to them, not to the railroads, and seeking d... More...

$0 (08-14-2001 - IL)

<a href="http://www.ca7.uscourts.gov/op3.fwx?submit1=showop&caseno=00-2545" target="_new">Charles M. Vorhees v. Naper Aero Club, Inc., et al.</a>

Plaintiff Charles M. Vorhees is the executor of the estate of Helen Brach. The Brach estate owns an undivided, one-half interest in a 312-acre farm (the Farm) located in unincorporated DuPage County, Illinois, adjacent to the cities of Naperville and Aurora. Defendant Naper Aero Club, Inc. (Naper Aero) is a not-for-profit flying club that operates a small private airport (the Airport), a... More...

$0 (11-09-2001 - IL)

<a href="http://www.ca7.uscourts.gov/op3.fwx?submit1=showop&caseno=01-8016" target="_new">John H. Issac v. Sprint Corporation, et al.</a>

$0 (08-14-2001 - IL)

Southwestern Illinois Development Authority v. National City Environmental and St. Louis Auto Shredding Company and Unknown Owners

NCE operates a metal-recycling center located in what, until recently, was National City, Illinois. NCE has been at its present location since 1975 and employs 80 to 100 people full time, shredding cars and appliances and separating reusable metals, depositing nonrecyclable by-products into landfills which NCE also owns adjacent to the operation. Gateway International Raceway, adjacent to NCE, s... More...

$900000 (04-29-1999 - IL)

The Department of Transportation v. Chicago Title and Trust Company, et al.

Condemnation - Beginning in 1988, IDOT acquired several lots of property in northwestern Cook County at the intersection of Route 59 and Route 20. IDOT condemned three parcels of property at that location for the purpose of improving the flow of traffic on an entrance/exit ramp. For purposes of this appeal, these parcels will be designated as the "East Parcel," the "Starview Parcel," and "Wes... More...

$1071090 (02-05-1999 - IL)