VILLAGE OF WHEELING v. EXCHANGE NAT. BANK

No. 1-88-3824.

572 N.E.2d 966 (1991)

213 Ill. App.3d 325

157 Ill.Dec. 502

VILLAGE OF WHEELING, a Municipal Corporation, Plaintiff-Appellant, v. EXCHANGE NATIONAL BANK OF CHICAGO, as Trustee under Trust No. 32443; Eugene Wang; Erwin F. Dreiske and Ivy F. Dreiske, his wife, as joint tenants, Metropolitan Trust and Savings of Addison, as Trustee under Trust Agreement dated June 24, 1974 and known as Trust No. 313; Dunkin' Donuts of Illinois, Inc., an Illinois corp; Ram-Krishna, Inc.; Ram Patel; Kishor Shah; Urmila Patel; Bhragulatta Shah; LaSalle National Bank, a national banking association, as Trustee under Trust Agreement dated February 29, 1984 and known as Trust No. 107726; and Unknown Owners, Defendants-Appellees.

Appellate Court of Illinois, First District, Fifth Division.

Rehearing Denied June 4, 1991.


Attorney(s) appearing for the Case

Burke and Ryan, Chicago (Thomas T. Burke, William E. Ryan, Barry A. Springer, of counsel), for plaintiff-appellant.

Shannon and Johnson P.C., and Mark A. LaMantia, Portland, Or., Fisher and Di-Monte, Thomas L. Ruth, Jr., Chicago (Ward P. Fisher and Karen Fisher DiMonte, of counsel), for defendants-appellees.

Keck, Mahin & Cate, Chicago (Kai A. Nebel, James H. Ryan, Edward R. Gower, of counsel), for Illinois Tax Increment Ass'n.


Justice COCCIA delivered the opinion of the court:

This is an appeal by the Village of Wheeling from the trial court's dismissal of its complaint filed under, and pursuant to, its eminent domain powers. The trial court ruled in favor of the defendant property owners following a hearing on their motion to dismiss. No issues were raised on the pleadings and no cross appeals were filed. The sole issue raised on appeal is whether the trial court erred in dismissing Wheeling...

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