FOREST PRESERVE DISTRICT OF Du PAGE COUNTY v. WEST SUBURBAN BANK

No. 76143.

641 N.E.2d 493 (1994)

161 Ill.2d 448

204 Ill.Dec. 269

The FOREST PRESERVE DISTRICT of Du PAGE COUNTY, Appellant, v. WEST SUBURBAN BANK, as Trustee, et al., Appellees.

Supreme Court of Illinois.

As Modified on Denial of Rehearing October 3, 1994.


Attorney(s) appearing for the Case

Scott M. Day, and David W. Krula, Helm & Day, Naperville, for appellant.

Barclay & Damisch, Ltd., (John W. Damisch and Michael Svanascini, of counsel), and Patrick J. Mazza & Associates (Michael W. Rathsack, of counsel), Chicago, for appellees.

Rooks, Pitts and Poust, Joliet (Pamela Davis Gorcowski, and Richard J. Kavanagh, of counsel), for amicus curiae Forest Preserve Dist. Will County.

Morrison & Morrison, P.C., Waukegan (Joseph T. Morrison, of counsel), for amicus curiae Lake County Forest Preserve

Michael M. Roth and Paul L. Stephanides, Naperville, for amicus curiae City of Naperville.

Kenneth T. Kubiesa, and Barbara J. Gosselar, Kubiesa & Power, Ltd., Westmont, for amicus curiae Oak Brook Park Dist., et al.

James R. Pirages and Samuel J. Castree, Jr., Hinshaw & Culbertson, of Rockford, for amicus curiae Byron Forest Preserve District.


Justice NICKELS delivered the opinion of the court:

The issue presented in this appeal is whether a municipal corporation without "quick take" powers may obtain an injunction in an eminent domain proceeding to prevent a landowner from altering the subject property. The trial court granted an injunction on behalf of plaintiff, the Forest Preserve District of Du Page County, preventing defendants from excavating land that was the subject of condemnation proceedings...

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