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CITY OF CHICAGO v. MIDLAND SMELTING CO.

No. 1-07-3200.

896 N.E.2d 364 (2008)

The CITY OF CHICAGO, a Municipal Corporation, Plaintiff-Appellee, v. MIDLAND SMELTING COMPANY d/b/a Midland Industries, Inc., an Illinois Corporation, and Unknown Owners, Defendants-Appellants.

Appellate Court of Illinois, First District, Sixth Division.

September 30, 2008.

Attorney(s) appearing for the Case

Mara S. Georges, Corporation Counsel of the City of Chicago (Benna Ruth Solomon, Deputy Corporation Counsel, Myriam Zreczny Kasper, Chief Assistant Corporation Counsel, and Nadine J. Wichern, Assistant Corporation Counsel, of counsel), for Plaintiff-Appellee.

Steve H. Hoeft, Dawn R. Connelly and Scott W. Delaney of McDermott, Will & Emery, LLP, for Defendants-Appellants.

Justice McBRIDE delivered the opinion of the court:

The present action involves a parcel of property owned by defendant, Midland Smelting Company (Midland). In a prior lawsuit, plaintiff, the City of Chicago (the City), attempted to acquire the property through the use of its power of eminent domain. That action was dismissed by the circuit court as an excessive taking. The City thereafter filed the present condemnation action seeking to acquire approximately half...

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