Supreme Court of Illinois

In litigation arising from the planning stages of a proposed new highway, judgement for the defendant is affirmed where the plaintiff-landowners had not met the heavy burden which they must meet to show that the Highway Code provision in question, which restricts development on land falling within the proposed right-of-way during the planning phase, is facially invalid.

Appellate Information

• Decided 06/02/2006
• Published 06/15/2007

Judges

• Justice McMORROW delivered the judgment of the court, with opinion:

Court

• Supreme Court of Illinois

Counsel

• For Appellant:
  
• Timothy P. Dwyer, St. Charles, for appellants.


• For Appellees:
  
• Lisa Madigan, Attorney General, Springfield (Gary Feinerman, Solicitor General, Carl J. Elitz, Assistant Attorney General, Chicago, of counsel), for appellees.