City of Chicago v. Eychaner

(Court opinion corrected 12/22/20.) Defendant owned vacant land at corner of Grand Avenue and North Jefferson Street in Chicago. City proposed creating a planned manufacturing district (PMD) there, and chocolate factory was proposed to be included in PMD. City filed complaint to condemn Defendant's property through eminent domain. After first jury trial, verdict for Defendant for $2.5 million. After 2nd jury trial for limited purpose of just compensation, verdict for Defendant for $7.1 million. Appellate court had previously found that this taking was constitutional, in Defendant's initial appeal, and thus the law-of-the-case doctrine binds appellate court to that decision. Trial court properly refused to reconsider its 2006 denial of the traverse. Defendant failed to meet elements required to grant motion for reconsideration based on newly discovered evidence. Defendant knew of the evidence of changed circumstances before the 2nd trial and partly presented to the jury.(GRIFFIN and PIERCE, concurring.)