DEPARTMENT OF TRANSP. v. GREATBANC TRUST

No. 1-17-1393 & 1-18-2310 cons.

157 N.E.3d 953 (2019)

2018 IL App (1st) 171393

The DEPARTMENT OF TRANSPORTATION of the State of Illinois, FOR AND ON BEHALF OF the PEOPLE of the State of Illinois, Plaintiff-Appellant, v. GREATBANC TRUST COMPANY (Formerly Known as First National Bank in Chicago Heights), as Trustee Under Trust Agreement Dated October 8, 1973, and Known as Trust Number 996; The Beneficiary or Beneficiaries of a Trust Agreement Dated October 8, 1973 and Known as Trust Number 996, with GreatBanc Trust Company (Formerly Known as First National Bank in Chicago Heights) as Trustee, Whose Names are Unknown and are Designated Unknown Owners; GreatBanc Trust Company (Formerly Known as First National Bank in Chicago Heights), as Trustee Under a Trust Agreement Dated December 4, 1970, and Known as Trust Number 1447; The Beneficiary or Beneficiaries of a Trust Agreement, Dated December 4, 1970, and Known as Trust Number 1447, with GreatBanc Trust Company (Formerly Known as First National Bank in Chicago Heights) as Trustee, Whose Names are Unknown and are Designated Unknown Owners; Peter Kattos; Marquette Bank a/k/a Marquette; and Unknown Owners, Defendants, (Neal & Leroy, LLC, Appellees). The Department of Transportation of the State of Illinois, for and on Behalf of the People of the State of Illinois, Plaintiff-Cross-Appellant, v. GreatBanc Trust Company (Formerly Known as First National Bank in Chicago Heights), as Trustee Under Trust Agreement Dated October 8, 1973, and Known as Trust Number 996; The Beneficiary or Beneficiaries of a Trust Agreement Dated October 8, 1973 and Known as Trust Number 996, with GreatBanc Trust Company (Formerly Known as First National Bank in Chicago Heights) as Trustee, Whose Names are Unknown and are Designated Unknown Owners; GreatBanc Trust Company (Formerly Known as First National Bank in Chicago Heights), as Trustee Under a Trust Agreement Dated December 4, 1970, and Known as Trust Number 1447; The Beneficiary or Beneficiaries of a Trust Agreement, Dated December 4, 1970, and Known as Trust Number 1447, with GreatBanc Trust Company (Formerly Known as First National Bank in Chicago Heights) as Trustee, Whose Names are Unknown and are Designated Unknown Owners; Peter Kattos; Marquette Bank a/k/a Marquette; and Unknown Owners, Defendants, (Peter Kattos, Defendant-Appellant and Cross-appellee).

Appellate Court of Illinois, First District, SECOND DIVISION.

Modified upon petition for rehearing March 10, 2020.


Attorney(s) appearing for the Case

Kwame Raoul , Attorney General, of Chicago ( Jane Elinor Notz , Solicitor General, and Amanda Ripp , Special Assistant Attorney General, of Walker Wilcox Matousek, LLP, of counsel), for appellant Department of Transportation.

Carl A. Gigante and Rebecca Kaiser Fournier , of Figliulo & Silverman, PC, of Chicago, for appellee Peter Kattos.

Langdon D. Neal and Nicole Castillo , of Neal & Leroy, LLC, of Chicago, for appellee Neal & Leroy, LLC.


OPINION

¶ 1 In the consolidated appeals from this eminent domain matter, the parties' disputes center around a series of orders entered by the trial court on the withdrawal and subsequent refund of preliminary compensation funds deposited by plaintiff, the Illinois...

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