Illinois Appellate Court
Civil Court
Eminent Domain
ComEd pursued eminent domain proceeding, as it needed to dig on private property to run underground wires. Parties reached agreement on compensation and on specifications for digging and restoring property. ComEd did not follow agreed-upon specifications for refilling the dig sites, resulting in nonconforming work. Court found that ComEd substantially complied with agreed order. Court properly issued order of satisfaction, and approved ComEd's performance. Court did not find that ComEd failed to act in good faith, and addressed the nonconformity under standards of materiality and substantial compliance.(HARRIS and MIKVA, concurring.)