Pardilla v. Village of Hoffman Estates

Plaintiffs filed a lawsuit against defendant for inverse condemnation after refusing to grant the defendant a temporary construction easement to use portions of plaintiff’s property as a staging area for construction equipment. The trial court granted a preliminary injunction to plaintiffs, which plaintiffs alleged that the defendant then violated. The trial court found the defendant in indirect civil contempt for violating the injunction, imposed a daily fine, and ordered that defendant’s pay plaintiffs’ attorneys fees. Defendant appealed from the injunction, the finding of contempt, and the attorneys fees award. The appellate court found that the prohibitory order lacked specificity and, as a result, that the preliminary injunction was unenforceable. The appellate court further explained that even if the preliminary injunction had been clear, the court would have vacated the finding of contempt because the trial court improperly shifted the burden of proof to the defendant without the plaintiffs first making the requisite evidentiary showing. (LAMPKIN and ROCHFORD, concurring)