CITY OF ELGIN v. ELGIN NATIONAL BANK

No. 1-87-3285.

174 Ill. App.3d 1061 (1988)

529 N.E.2d 639

THE CITY OF ELGIN, Plaintiff-Appellant, v. ELGIN NATIONAL BANK, as Trustee, et al., Defendants-Appellees.

Appellate Court of Illinois — First District (4th Division).

Opinion filed September 1, 1988.


Attorney(s) appearing for the Case

Erwin W. Jentsch, Daniel P. Clondin, and William A. Cogley, all of Corporation Counsel's Office, of Elgin, for appellant.

Righeimer, Martin, Bridewell & Cinquino, P.C., of Chicago (Leo N. Cinquino and Sandra L. Hebenstreit, of counsel), for appellees.


Judgment reversed.

PRESIDING JUSTICE JIGANTI delivered the opinion of the court:

The plaintiff, the City of Elgin, filed an eminent domain complaint seeking to take 14 acres of land for the purpose of constructing a flood control facility. The defendants, Elgin National Bank, as trustee under trust No. 305, Bernard E. Cavitt, James Wilder, and unknown owners, filed a traverse and motion to dismiss on the ground that the taking was excessive. The trial court...

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