The Village of Palatine v. Palatine Associates 

Illinois Appellate Court
Civil Court
Condemnation
Citation
Case Number: 
No. 1-10-1002
Decision Date: 
Friday, December 17, 2010
District: 
1st Dist.
Division/County: 
Cook Co., 6th Div.
Holding: 
Affirmed.
Justice: 
R.E. GORDON
Village filed condemnation proceeding to acquire property that was being used for a shopping center. Court properly dismissed shopping center petition of dry cleaner tenant for compensation for trade fixtures, as tenant had no interest in the condemnation award. Had Village attempted to take tenant's fixtures by eminent domain, it would have been entitled to a portion of the award, but condemnation provision and termination provision in lease between tenant and shopping center prevent tenant from being compensated. (GARCIA and McBRIDE, concurring.)