The City of Chicago v. Eychaner

Illinois Appellate Court
Civil Court
Eminent Domain
Citation
Case Number: 
2015 IL App (1st) 131833
Decision Date: 
Wednesday, January 21, 2015
District: 
1st Dist.
Division/County: 
Cook Co., 3d Div.
Holding: 
Affirmed in part and reversed in part; remanded.
Justice: 
HYMAN
(Court opinion corrected 1/26/15.) City exercised its power of eminent domain to take Defendant's property and transfer it to a chocolate company. Court denied Defendant's traverse and motion to dismiss. Jury valued Defendant's land at $2.5 million after trial on just compensation. City may use eminent domain to take property in a conservation area to prevent future blight. Court erred in refusing to exclude reference to land's PMD (planned manufacturing district) zoning. Defendant was not prejudiced when City chose to call expert witnesses Defendant had formerly retained but chose not to call at trial. Court erred in limiting testimony of one of Defendant's previously-retained experts. Appellate court ordered new trial on just compensation. (PUCINSKI and LAVIN, concurring.)