Department of Public Works & Buildings v. Seeber

235 N.E.2d 269, 93 Ill. App. 2d 271, 1968 Ill. App. LEXIS 1001
CourtAppellate Court of Illinois
DecidedMarch 25, 1968
DocketGen. 10,892
StatusPublished
Cited by2 cases

This text of 235 N.E.2d 269 (Department of Public Works & Buildings v. Seeber) is published on Counsel Stack Legal Research, covering Appellate Court of Illinois primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Department of Public Works & Buildings v. Seeber, 235 N.E.2d 269, 93 Ill. App. 2d 271, 1968 Ill. App. LEXIS 1001 (Ill. Ct. App. 1968).

Opinion

CRAVEN, J.,

delivered the opinion of the court.

This appeal arises from denial of a post-trial motion for a new trial filed by Interstate Research Park, Inc., a defendant in a condemnation case. Judgment in the amount of $96,000 was entered on the verdict of the jury which allowed compensation of $56,000 for the taking of 16.6 acres and $40,000 for damage to the remainder of 183.4 acres of defendant’s land.

The errors assigned are based on the following:

1. Denial of defendant’s motion to sever the trial proceedings with respect to the parcel here involved from another parcel separately owned by other defendants.

2. During the course of trial, the court denied defendant’s motion to strike the testimony of one of plaintiff’s expert witnesses after cross-examination revealed the foundation upon which his opinion as to the value of defendant’s land was based.

3. Over defendant’s objections, the jury heard evidence of the sale price of an 80-acre tract (referred to by the parties as the Burwash-Bash sale) on the theory it was comparable to the defendant’s property.

4. The defendant also asserts that the damages awarded are inadequate as a matter of law.

There was no error committed in refusing to sever the trial involving defendant’s parcel from another parcel under the circumstances of this case. The authority for trying the cases involving separate parcels of property in the same proceeding is statutory. (Ill Rev Stats 1963, c 47, § 5.) The action of a trial court in denying severance of the trial of parcels situated in the same county and involved in the same project has always been held to be discretionary with the trial court. We find no abuse of that discretion.

The differences between the two tracts of land here involved were not shown to be such as likely to result in confusion in the minds of the jury. There were no facts stated in defendant’s motion which require a severance as a matter of law. It was within the discretion of the trial court, in this situation, to decide that the jury could hear both cases at the same time under the principles announced in Public Service Co. v. Leatherbee, 311 Ill 505, 143 NE 97 (1924); Chicago & N. W. Ry. v. Chicago Mechanics’ Institute, 239 Ill 197, 87 NE 933 (1909); and Waukegan Park Dist. v. First Nat. Bank, 22 Ill2d 238, 174 NE2d 824 (1961). The per-acre price of the jury verdict, as returned, for damage to land taken strongly suggests that the jury logically treated the separate tracts.

No error was committed in overruling the defendant’s motion to strike testimony of the witness Hetishee, a witness for the plaintiff, who testified as to his expert opinion as a real estate broker of the fair cash market value of the Interstate Research Park, Inc. acreage. This witness testified on direct examination that on January 31, 1964, the highest and best use of defendant’s property was light industrial and that the 16.6 acres being taken had a fair cash market value of $42,932; that the difference in the value of the remainder after the taking from its fair cash market value before the taking was $38,514. His opinions were reached after he was employed by the plaintiff to appraise the property in the spring of 1966, and in connection with his employment he was shown pictures of the condition of the property as of January 31, 1964, the date of the taking. He testified concerning natural gas and water lines being present in the park and he remembers seeing the property in January of 1964, as he had driven by on a couple of occasions. He did not know how many feet of streets had been built in the park on January 31,1964. In his cross-examination, he stated his opinion was based, in part, upon two sales referred to by the parties as the “Wornack to French” and the “French to Southwood” sales, which the trial court had previously admitted as evidence in the case involving the other tract but had excluded as inapplicable to the defendant’s tract. That exchange of questions and answers was as follows:

“Q Mr. Hetishee, you have testified that you considered certain comparable sales in arriving at your opinion, would you tell the jury what comparable sales that you considered and based your opinion on in valuing the Research Park tract?
“A Well, I considered all the sales that I had a knowledge of and the general market conditions and the ones that we mentioned on the Campbell tract earlier this morning and then some other sales that I had knowledge of along in the general vicinity.
“Q And did you base your opinion on these sales ?
“A That and the general market conditions, yes, the sales that I mentioned and other sales I had knowledge of.
“Q And in valuing the Research Park tract you based your opinion on the market study and the sales from Burwash to Bash and Wornack to French and French to Southwood, is that a fair statement?
“A That and others.
“Q Those things and other sales you based your opinion on?
“A That and the general market condition and the sales that I had knowledge of.”

From this exchange of questions and answers and in reliance upon our holding in Department of Public Works and Buildings ex rel. People v. Lankford, 65 Ill App2d 133, 212 NE2d 14 (4th Dist 1965), defendant argues that failure of the trial court to grant the defendant’s motion to strike Hetishee’s testimony was prejudicial error. Defendant’s reliance upon our holding in that case is misplaced. Hetishee’s statement that he based his opinion of the value of the defendant’s property on the two excluded sales, the included sale, other unnamed sales and general market conditions does not lead to the conclusion that he used improper elements of damage in arriving at his opinion as to the value of the land taken or the damage to the remainder of the defendant’s tract. The sales he described and the additional sales he did not identify may be a part of the basis of his opinion without being used by him as elements of damage to which he testified. There is no showing that the witness’ opinions as to value included improper elements of damage, nor is there any testimony indicating that he left out any proper elements of damage. The point raised by defendant begs the question, in that it gives too much attention to words chosen by the defendant. Basic common sense requires recognition that an expert witness brings to the courtroom, as a foundation for any opinion expressed in his field of expertise, his accumulated experience gathered in transactions dissimilar and unrelated to the question to be resolved in the proceedings about which he testified, as well as the experience in transactions which he has had which are similar to it. In a general sense, therefore, any expert’s opinion is subject to the criticism here made.

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235 N.E.2d 269, 93 Ill. App. 2d 271, 1968 Ill. App. LEXIS 1001, Counsel Stack Legal Research, https://law.counselstack.com/opinion/department-of-public-works-buildings-v-seeber-illappct-1968.