Illinois Appellate Court
Civil Court
Eminent Domain
Village commenced eminent domain proceeding for taking of property owned by School District, which had been leased to Park District for 30 years, was in regular use by Park District for outdoor activities, and which had not been used by School District except for one band camp. Court has authority to rule on School District's resolution as to property, as Municipal Code authorizes municipalities to take land belonging to School Districts, and this does not require the court to resolve competing legislative determinations. Section 11-61-2 of Municipal Code authorizes the taking of land from School District in order to develop it; thus, if use intended is to expand police and public works facilities, this would fall within such use. Holding the property for future use, or as an investment, is not an "existing use". (McLAREN and HUTCHINSON, concurring.)