BEVERLY BANK v. ILLINOIS DEPT. OF TRANSP.

No. 70105.

579 N.E.2d 815 (1991)

144 Ill.2d 210

162 Ill.Dec. 1

BEVERLY BANK, as Trustee Under Trust No. 8-0200, Appellee, v. The ILLINOIS DEPARTMENT OF TRANSPORTATION et al., Appellants.

Supreme Court of Illinois.

September 19, 1991.


Attorney(s) appearing for the Case

Roland W. Burris, Atty. Gen., Civ. Appeals Div., John A. Simon, Asst. Atty. Gen., General Law Div., Chicago, for Department of Transp.

Louis F. Cainkar, Michael G. Cainkar, Louis F. Cainkar, Ltd., Chicago, for Beverly Bank.


Justice CUNNINGHAM delivered the opinion of the court:

The Illinois Department of Transportation, defendant, denied an extension of a construction permit to the plaintiff, Beverly Bank, based solely on recently enacted flood control legislation. (Ill.Rev.Stat.1989, ch. 19, par. 65g.) Plaintiff is trustee of a land trust held for the benefit of Michael J. O'Malley. Section 18g, effective November 18, 1987 (Pub. Act 85-905), prohibits all new residential construction...

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