Appellate Court of Illinois

In a property dispute between a developer and a neighboring arboretum resulting in a suit seeking various findings and forms of relief, grant of defendant-arboretum's motion to dismiss is affirmed where: 1) one count did not state a taking cause of action; 2) defendant-arboretum's request that the district exercise eminent domain against the property was not "objectively baseless"; 3) where the district's board of commissioners decided to abandon the condemnation action for a reason other than lack of necessity, it was not unreasonable for the board to state so in the Abandonment ordinance; and 4) there is no assertion of title which could be constituted as a cloud upon the title.

Appellate Information

• Decided 10/10/2007
• Published 10/19/2007

Judges

Court

• Appellate Court of Illinois

Counsel