The City of Chicago v. St. John’s United Church of Christ

(Court opinion corrected 10/12/10.) Church which owned cemetery located on property which was subject of condemnation action, and several hundred relatives of those buried there, sought via traverse and motion to dismiss to prevent condemnation and destruction of cemetery. Federal district court had dismissed church's first amended complaints for failure to state a claim upon which relief could be granted; this dismissal was a final judgment on the merits, and res judicata applies to bar the present claim, as the relatives and federal case plaintiffs are privies as their claims arise from the same core religious beliefs and property interest they sought to protect. As City provided a specific timeline for the specific runway project that affects the property in question, there was sufficient compliance with quick-take provision of the Eminent Domain Act so that vesting of title by quick-take was proper. (ZENOFF and HUTCHINSON, concurring.)