The Forest Preserve District of Cook County, IL v. Chicago Title and Trust Company

Illinois Appellate Court
Civil Court
Eminent Domain
Citation
Case Number: 
2015 IL App (1st) 131925
Decision Date: 
Wednesday, September 30, 2015
District: 
1st Dist.
Division/County: 
Cook Co., 1st Div.
Holding: 
Affirmed.
Justice: 
CUNNINGHAM
Court properly granted Defendants' Section 2-1401 petition to vacate agreed order and judgment entered in eminent domain action. Invalidity of 1991 ordinance, upon which condemnation action was premised, had been established as a matter of collateral estoppel. Meritorious defense of invalid ordinance was established, and Defendants' due diligence requirements were satisfied. Court within its discretion in not holding evidentiary hearing, given unique equitable circumstances of case and extensive volume of information and facts available to court during proceedings. (LIU and HARRIS, concurring.)