Commonwealth Edison Co. v. Elston Avenue Properties, LLC

Illinois Appellate Court
Civil Court
Eminent Domain
Citation
Case Number: 
2017 IL App (1st) 153228
Decision Date: 
Friday, March 31, 2017
District: 
1st Dist.
Division/County: 
Cook Co.
Holding: 
Affirmed.
Justice: 
SIMON

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.)