Village of Algonquin v. Lowe 

(Court opinion modified 6/1/11.) Court properly granted Section 2-1401 petition to vacate judgment in eminent domain condemnation proceeding, which gave Village title to land in Village, including property that Petitioners were using for their driveway. Village had not obtained personal jurisdiction over Petitioners, so that judgment was void as to them. Village did not obtain personal jurisdiction over Petitioners by publication service, as a plaintiff cannot obtain personal jurisdiction over a defendant that it has never sought to identify, and has described only as a class of nonrecord claimants. In an eminent-domain action, a court must have personal jurisdiction over affected persons. No statutory provision giving the effect of in rem judgments to condemnation judgments exists in Illinois. In rem actions bear formal markers of being in rem that are absent in eminent-domain actions. (ZENOFF and SCHOSTOK, concurring.)