Department of Transportation v. 600 West Dundee, LLC

Illinois Appellate Court
Civil Court
Condemnation
Citation
Case Number: 
2019 IL App (1st) 181699
Decision Date: 
Tuesday, May 7, 2019
District: 
1st Dist.
Division/County: 
Cook Co., 2d Div,
Holding: 
Affirmed.
Justice: 
MASON

Court properly ruled that restaurant was not entitled to any portion of a condemnation award that its landlord received relating to IDOT's partial taking of the leased premises. Under the plain language of the lease's condemnation clause, restaurant was entitled to a rent adjustment relating to the portion of the premises partially taken, but not a portion of the condemnation award. (LAVIN and PUCINSKI, concurring.)