Rock River Water Reclamation District v. The Sanctuary Condominiums of Rock Cut

Illinois Appellate Court
Civil Court
Condemnation
Citation
Case Number: 
2014 IL App (2d) 130813
Decision Date: 
Thursday, December 11, 2014
District: 
2d Dist.
Division/County: 
Winnebago Co.
Holding: 
Affirmed.
Justice: 
HUDSON
Plaintiff made proposal to build sanitary sewer extension to a residential development, which would require installation of trunk line running beneath property belonging to Defendant condominiums. Plaintiff sought permanent easement and temporary construction easement from condominiums, and filed complaint for condemnation. Court dismissed complaint on grounds that ordinance authorizing construction of project failed to state that a taking of Defendant's property was necessary and failed to describe with reasonable certainty the property sought to be taken. Plaintiff enacted another ordinance to cure deficiencies, and filed new condemnation action. After bench trial, court found $1,350 was just compensation for easements. Court properly found that project was necessary and properly denied Defendant's traverse and motion to dismiss. Court properly excluded as hearsay testimony by condominium resident as to landscape architect's estimate to restore Defendant's property after installation of trunk line. (SCHOSTOK and ZENOFF, concurring.)