FOREST PRESERVE DIST. OF DU PAGE CTY. v. WEST SUBURBAN BANK

No. 2-92-1247.

621 N.E.2d 215 (1993)

249 Ill. App.3d 900

190 Ill.Dec. 346

FOREST PRESERVE DISTRICT OF DU PAGE COUNTY, Plaintiff-Appellee, v. WEST SUBURBAN BANK, as Trustee, et al., Defendants-Appellants.

Appellate Court of Illinois, Second District.

Certificate of Importance Granted September 21, 1993.


Attorney(s) appearing for the Case

Walter P. Maksym, Jr., Walter P. Maksym & Associates, Oak Brook, for West Suburban Bank and Harris Trust & Sav. Bank.

John W. Damisch (argued), Barclay & Damisch, Ltd., Chicago.

Scott M. Day, David W. Krula (argued), Law Offices of Helm & Day, Naperville, for Forest Preserve Dist. of Du Page County.


Justice GEIGER delivered the opinion of the court:

The defendants appeal from a preliminary injunction prohibiting the development of their farmland into a parking lot. The injunction was granted on behalf of the plaintiff, the Forest Preserve District of Du Page County, which previously had filed a condemnation action to obtain the property. The defendants argue on appeal that (1) the injunction constitutes an unconstitutional judicial taking; (2) the injunction...

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