At traverse hearing, court effectively deprived landowners of opportunity to call witnesses in support of their traverse motions because court considered hearing akin to a Section 2-619(a)(9) motion to dismiss, and refused landowners' offer of proof. Court thus deprived landowners of opportunity to challenge condemnation of their parcels of land afforded them under Section 5-5-5(c ) of Eminent Domain Act. On remand, court should conduct a 2-stage traverse hearing, to focus solely on whether landowners can present clear and convincing evidence to rebut presumptions of public use and public necessity and sufficient evidence to refute substantial deference afforded the Illinois Commerce Commission's good-faith determination. (HOLDER WHITE and POPE, concurring.)
Illinois Appellate Court
Civil Court
Eminent Domain