Forest Preserve District v. Mount Greenwood Bank Land Trust 5—0899

579 N.E.2d 1066, 219 Ill. App. 3d 524, 162 Ill. Dec. 252, 1991 Ill. App. LEXIS 1574
CourtAppellate Court of Illinois
DecidedSeptember 13, 1991
Docket1-91-0743
StatusPublished
Cited by4 cases

This text of 579 N.E.2d 1066 (Forest Preserve District v. Mount Greenwood Bank Land Trust 5—0899) 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
Forest Preserve District v. Mount Greenwood Bank Land Trust 5—0899, 579 N.E.2d 1066, 219 Ill. App. 3d 524, 162 Ill. Dec. 252, 1991 Ill. App. LEXIS 1574 (Ill. Ct. App. 1991).

Opinion

PRESIDING JUSTICE RAKOWSKI

delivered the opinion of the court:

The Forest Preserve District of Cook County (District) filed a complaint against defendants Mount Greenwood Bank land trust 5 — 0899, Patrie D. Greene and Green Development Group, Inc. (Defendants), seeking to enjoin Defendants from cutting trees, moving earth and otherwise destroying the forest and natural beauty on Defendants’ property. The complaint alleged that the subject property adjoined the District’s adjoining Dan Ryan Woods Forest Preserve and that the District desired to acquire Defendants’ property as an addition to the District’s adjoining forest preserve. The District prayed for an injunction to maintain the status quo and preserve the subject property until it was acquired by the District.

The trial court issued a temporary restraining order. Subsequently, however, the trial court heard evidence, and at the close of the District’s case, denied the District’s motion for a preliminary injunction. The District appeals the trial court’s ruling. We reverse.

The relevant facts necessary to disposition of this appeal are as follows. The District is a body corporate and politic established pursuant to “An Act in relation to the creation and management of forest preserve districts in counties having a population of 3,000,000 or more, amending certain Acts named therein to conform thereto” (Ill. Rev. Stat. 1989, ch. 961/2, par. 6401 et seq.). The governing body of the District is the Board of Commissioners of Cook County, and the District is co-extensive with Cook County, Illinois, where the subject property is located. Defendants are a land trust, an individual and a corporation who collectively own the subject property.

The property at issue is a narrow strip of land which comprises approximately 14x/2 acres. It is located in the Beverly neighborhood of Chicago, Illinois, between 87th Street at the north end and 90th Street on the south end. The property was once a railroad right-of-way; the right-of-way has been abandoned for years, however. Until the activities of Defendants, the land has been forested and undeveloped. Defendants purchased 4.3 acres of the property in December of 1989, and 10 acres in January of 1991. Previous to November 7, 1990, the property had been zoned single-family residential (R1 and R2). At this time, however, the City of Chicago adopted an ordinance establishing a residential planned development. The City of Chicago issued a building permit for Defendants to begin construction in December of 1990.

The District’s Dan Ryan Woods Forest Preserve adjoins the subject property. This forest preserve comprises approximately 200 acres. About 50% of the Dan Ryan Woods is forested, including the portion of the Dan Ryan Woods which is immediately adjoining the subject property.

On February 14, 1991, the real estate committee of the District met and approved a report authorizing the District “to enter into negotiations for the acquisition of the property adjacent to the Dan Ryan Woods contingent on the Forest Preserve District administration returning to the Board of Commissioners for final approval of the price and acquisition.” On February 15, 1991, the chief attorney of the District wrote to Defendants seeking “to negotiate for the purchase” of the subject property. No response from Defendants to this letter forthcame. On February 22, 1991, the District’s attorney hand-delivered another letter to Defendants advising Defendants that the District was aware that Defendants had begun developing the property, requesting Defendants to cease development of the property and renewing the District’s offer to negotiate the purchase of the property. Prior to delivery of the second letter, on February 19, 1991, the District’s Board met and approved the real estate committee’s report.

The District filed its complaint on February 25, 1991. The District alleged that the subject property contained numerous types of trees and high quality ground cover that the District sought to protect and preserve. It was further alleged that after the District sent its initial letter to Defendants seeking to negotiate for the purchase of the property, Defendants commenced to develop the property and that the development of the property was destroying not only the flora and scenic beauty of the subject premises, but that the development of the subject property adversely disrupted the water balance necessary to preserve and protect flora on the Dan Ryan Woods. Alleging irreparable damage to both the subject property and the Dan Ryan Woods, the complaint sought a temporary restraining order, which the trial court granted.

Defendants answered the complaint on February 28, 1991. Defendants admitted ownership of the property, and Defendants admitted that they had commenced development of the property. The answer denied, however, that the property contained valuable trees and other flora, and that their activities would damage the Dan Ryan Woods. Affirmatively, Defendants alleged that they had obtained Chicago Plan Commission and Chicago city council permission for rezoning the property. Fifty-nine residences, according to Defendants, were planned for the property, one of which was 95% complete. The nearly complete residence was under a contract of sale to a third party. The answer further averred that a consultant had found that the subject property was not a wetland, and that this finding had been accepted by the United States Corps of Engineers.

Defendants filed a motion to dissolve the temporary restraining order along with the answer. The motion was accompanied by documentation, and alleged, inter alia, that the District had no standing to bring the action.

The District’s motion for a preliminary injunction was heard on March 7 and 8, 1991. At the outset, the trial court dismissed the District’s claim “to the *** extent of plaintiff’s status as a condemnor.” At the time the trial court ruled on this issue, the evidence showed that the District’s real estate committee had scheduled a meeting for the 12th of March to receive appraisals on the subject property. The hearing continued solely on the issue of whether the Dan Ryan Woods would be damaged by Defendants’ development activities.

The District put on several witnesses, including an environmental engineer for the United States Army Corps of Engineers, the individual who videotaped Defendants’ development activities, the chief forester of the District, a research scientist/ecological consultant, and an ecologist. Upon the completion of the District’s case, the trial court ruled that the preliminary injunction was denied.

The District has raised two issues on appeal, namely: (1) whether the trial court erred in denying the District’s motion for a preliminary injunction to stop development on the subject property when the District was seeking to condemn the property; and (2) whether the trial court erred in denying the District’s motion for a preliminary injunction based on the alleged damage that would occur to the District’s Dan Ryan Woods property, the standing which the District has to this property being unchallenged. Due to our resolution of the first issue, we need not consider the second.

Section 7 (HI. Rev. Stat. 1989, ch. 96x/2, par. 6410) provides in pertinent part that the District:

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Bluebook (online)
579 N.E.2d 1066, 219 Ill. App. 3d 524, 162 Ill. Dec. 252, 1991 Ill. App. LEXIS 1574, Counsel Stack Legal Research, https://law.counselstack.com/opinion/forest-preserve-district-v-mount-greenwood-bank-land-trust-50899-illappct-1991.