CITY OF CHICAGO v. PROLOGIS

No. 1-07-0108.

890 N.E.2d 639 (2008)

The CITY OF CHICAGO, a Municipal Corporation, Plaintiff-Appellee, v. PROLOGIS, a Maryland Real Estate Investment Trust, f/k/a ProLogis Trust, f/k/a Security Capital Industrial Trust, Defendant-Appellant (Dennis J. Hiffman; John F. Cash; Sylvia Doyne Collins Irrevocable Trust dated 4/10/96; Keith Bank Declaration of Trust dated 12/14/94; Edward R. Hulina Trust dated 5/10/94; JKS-3D Two Trust; Mark D. Christensen; Holly D. Hulina Trust dated 5/10/94; Elizabeth E. Hulina Trust dated 5/10/94; Bonnie E. Hulina Trust dated 5/10/94; and Richard E. Hulina Trust dated 5/10/94, Intervenors-Appellants; ProLogis-Macquarie Illinois-Ohio, LLC, a Delaware Limited Liability Company; ProLogis O'Hare, LLC, a Delaware Limited Liability Company; Crane and Norcross; Prudential Insurance Company of America; American National Bank & Trust Company of Chicago; ProLogis Management, Inc., a Delaware Corporation; Concordia International Forwarding Corporation; JAL Trans, Inc.; Purolator USA, Inc., an Illinois Corporation; Morrison Express Corporation, a California Corporation; Kuehne & Nagel, Inc., a California Corporation; Exel Global Logistics, Inc., a New York Corporation; Aeroground, Inc., a California Corporation; Hellmann Worldwide Logistics, Inc., a Delaware Corporation; Catamount Holdings, LLC, an Illinois Limited Liability Company; Hassett Storage Warehouse, Inc., an Illinois Corporation; Nippon Express, USA, Inc., an Illinois Corporation; Maria Pappas, Cook County Treasurer; David Orr, Cook County Clerk; John L. Novak, Treasurer and County Collector of DuPage County; Gary A. King, County Clerk of DuPage County; and Unknown Owners, Defendants).

Appellate Court of Illinois, First District.

June 6, 2008.


Attorney(s) appearing for the Case

William E. Ryan, Michael W. Ryan, Lauren E. Ryan, Ryan & Ryan, Chicago, IL, William R. Quinlan, James A. Niewiara, Brian J. Alesia, Quinlan & Carroll, Ltd., Chicago, IL, for Defendant-Appellant and Intervenors-Appellants.

Benna Ruth Solomon, Deputy Corporation Counsel, Myriam Zreczny Kasper, Chief Assistant Corporation Counsel, Christopher Grunewald, Assistant Corporation Counsel, of Counsel, Mara S. Georges, Corporation Counsel of the City of Chicago, Chicago, IL, for Plaintiff-Appellee.


Presiding Justice FITZGERALD SMITH delivered the opinion of the court:

Although complexities relating to the expansion of O'Hare Airport figure in the background of this case, this appeal presents a single issue: whether compensation must be paid to holders of certain bonds. Defendant ProLogis, a Maryland real estate investment trust, f/k/a ProLogis Trust, f/k/a Security Capital Industrial Trust (defendant or ProLogis), owned property that included a redevelopment...

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