STAHELIN v. FOREST PRESERVE DIST.

No. 2-06-0676.

877 N.E.2d 1121 (2007)

376 Ill. App.3d 765

Leland STAHELIN and JES Ventures, L.L.C., Plaintiffs-Appellants, v. The FOREST PRESERVE DISTRICT OF DU PAGE COUNTY and Morton Arboretum, Defendants-Appellees.

Appellate Court of Illinois, Second District.

October 10, 2007.


Attorney(s) appearing for the Case

Stephen D. Helm, Steven D. Helm & Associates, James M. Wagner, Helm & Wagner, Naperville, for JES Ventures LLC, Leland Stahelin.

James H. Knippen, Adam C. Kruse, Walsh, Knippen, Knight & Pollock, Chtd., Wheaton, for Forest Preserve District of Du Page County.

James R. Daly, Jason G. Winchester, Adam W. Wiers, Jones Day, Chicago, for Morton Arboretum.


Justice BYRNE delivered the opinion of the court:

Plaintiffs, Leland Stahelin and JES Ventures, L.L.C., are owners of an 18-acre parcel of land bordered on three sides by defendant Morton Arboretum (Morton). Plaintiffs wish to develop the property, and defendant the Forest Preserve District of Du Page County (the District) wishes to preserve the property in its current state, for the benefit of the public. Following negotiations to buy the subject property, which...

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