Illinois State Toll Highway Authority v. Heritage Standard Bank & Trust Co.

645 N.E.2d 896, 163 Ill. 2d 498, 206 Ill. Dec. 644, 1994 Ill. LEXIS 152
CourtIllinois Supreme Court
DecidedNovember 23, 1994
Docket76119
StatusPublished
Cited by55 cases

This text of 645 N.E.2d 896 (Illinois State Toll Highway Authority v. Heritage Standard Bank & Trust Co.) is published on Counsel Stack Legal Research, covering Illinois Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Illinois State Toll Highway Authority v. Heritage Standard Bank & Trust Co., 645 N.E.2d 896, 163 Ill. 2d 498, 206 Ill. Dec. 644, 1994 Ill. LEXIS 152 (Ill. 1994).

Opinion

JUSTICE HARRISON

delivered the opinion of the court:

The Illinois State Toll Highway Authority (the Highway Authority) brought this quick-take condemnation action under the Eminent Domain Act (Ill. Rev. Stat. 1987, ch. 110, par. 7 — 101 et seq.) to acquire approximately 30.5 acres of a 132-acre parcel for use in the North-South Tollway project, to obtain some temporary easements, and to ascertain damages to the remainder. The circuit court made a preliminary finding of just compensation in the amount of $2,486,500 (Ill. Rev. Stat. 1987, ch. 110, par. 7 — 104), and that sum was paid to the landowners after title to the 30.5 acres was vested in the Highway Authority. Ill. Rev. Stat. 1987, ch. 110, pars. 7 — 105, 7 — 106.

The matter proceeded to trial in December of 1991. At the outset of the proceedings, the parties agreed to set the value of the temporary easements at $20,000, removing that issue from the jury’s consideration. The jury subsequently determined that the landowners were entitled to compensation of only $650,750 for the property taken and nothing for damages to the remainder. Upon the jury’s report, the circuit court entered an order setting forth the amount of compensation so finally ascertained, plus the $20,000 stipulated easement valuation, and directing the landowners to refund the excess of $1,815,750 to the Highway Authority. (Ill. Rev. Stat. 1987, ch. 110, par. 7 — 123(b).) This order was entered on January 17, 1992.

When the landowners failed to make the required refund within the time specified by the circuit court, the court entered judgment on April 20, 1992, in favor of the Highway Authority for the amount of the unpaid excess. (Ill. Rev. Stat. 1987, ch. 110, par. 7 — 109.) The court also awarded the Highway Authority interest on the unpaid excess at the rate of 9% per year, commencing April 20.

Both the Highway Authority and the landowners filed post-trial motions, which were denied. The landowners then appealed, and the Highway Authority cross-appealed. The appellate court subsequently affirmed (250 Ill. App. 3d 665), and we granted the landowners’ petition for leave to appeal (145 Ill. 2d R. 315).

On this appeal, the landowners claim that they should be granted a new jury trial on the issue of just compensation because the circuit court made a number of erroneous evidentiary rulings. In particular, the landowners claim that the trial court committed reversible error when it denied their first and second motions in limine. One of these motions sought to bar the Highway Authority from mentioning to the jury that Gallagher & Henry, one of the landowners, and Robert Gallagher owned other property in the area and were involved in certain zoning changes there. As grounds for this motion, the landowners contended that such references would serve only to focus attention on Gallagher’s wealth, thereby prejudicing the jury against the landowners’ case.

The other disputed motion in limine sought to bar the Highway Authority from presenting testimony regarding the sale of a parcel of land known as the Citicorp property, which the Highway Authority relied on heavily in placing a value on the property taken from the landowners. According to the landowners, this sale was inadmissible because it did not occur until after this condemnation proceeding was commenced, and the Highway Authority failed to show that it was not affected by the tollway project.

Although the appellate court rejected the landowners’ arguments on the merits, our review does not require that we reexamine that court’s reasoning. Regardless of whether the appellate court’s analysis was sound, its conclusion was correct. Admission of the disputed evidence cannot serve as the basis for a new trial. This is so because the issue of whether the evidence should have been excluded has been waived.

The landowners’ only challenge to evidence concerning the Citicorp property or to the mention of the Gallagher name came in their motions in limine. In civil cases such as this, the law is well established that the denial of a motion in limine does not preserve an objection to disputed evidence later introduced at trial. The moving party remains obligated to object contemporaneously when the evidence is offered at trial. (See Cunningham v. Millers General Insurance Co. (1992), 227 Ill. App. 3d 201, 206.) While there is not always a need to repeat the objection each time similar evidence is presented following denial of the motion in limine, one must nonetheless object the first time the evidence is introduced. (See Carlson v. City Construction Co. (1992), 239 Ill. App. 3d 211, 241.) Absent the requisite objection, the right to raise the issue on appeal is waived. See Chubb/Home Insurance Cos. v. Outboard Marine Corp. (1992), 238 Ill. App. 3d 558, 569.

In this case, the landowners not only failed to make contemporaneous objections regarding evidence of the Citicorp sale or mention of Gallagher’s land holdings, they actually injected these matters into the trial themselves after electing to put on their case in chief before the Highway Authority proceeded with its case. The first mention of Gallagher & Henry was made by the landowners’ lawyer in his opening argument, and the first evidence of the Citicorp sale was presented by the landowners through the testimony of James Dunn, one of their appraisal witnesses.

The landowners’ decision to address the Citicorp sale may have been motivated by a desire to blunt the impact of that evidence before the Highway Authority had a chance to present it as part of its case. Their reasoning with respect to Gallagher is more difficult to understand. The repeated mention of Gallagher & Henry during the landowners’ case often seemed to serve no purpose other than to emphasize the extent of the company’s activity in the area, the very thing the motion in limine was supposedly intended to prevent. In any case, having opted to proceed in this way, the landowners will not now be heard to complain that presentation of these matters to the jury rendered its verdict fatally infirm. (See Chubb/Home Insurance Cos., 238 Ill. App. 3d at 568; Reid v. Sledge (1992), 224 Ill. App. 3d 817, 822.) Erroneous or not, denial of the landowners’ first and second motions in limine is not grounds for a new trial.

In addition to the motions in limine, the landowners also challenge two evidentiary rulings made by the circuit court in connection with the testimony of Fred Barofsky, one of the experts called by the Highway Authority regarding valuation of the subject property. Barofsky, the first witness to testify on the Highway Authority’s behalf, opined that the highest and best use of the property was for single-family residences, with limited, ancillary commercial development (e.g., a convenience store) to assist the site’s development and marketability.

Barofsky further testified that after completion of the tollway, the remainder would consist of two separate parcels of approximately 50 acres each, one on the east side and one on the west side. In Barofsky’s opinion, the highest and best use for the east-side property would remain single-family residences, while the highest and best use for the remainder on the west side would be "mostly one story office and research facilities” with "potentially some commercial.”

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Winsley v. Marshall
Appellate Court of Illinois, 2026
Snowstar Corp. v. A&A Air Conditioning & Refrigeration Service, Inc.
2024 IL App (4th) 230757 (Appellate Court of Illinois, 2024)
Rowsey v. Breitman
2024 IL App (4th) 230742 (Appellate Court of Illinois, 2024)
Young v. Wilkinson
2022 IL App (4th) 220302 (Appellate Court of Illinois, 2022)
Arkebauer v. Springfield Clinic
2021 IL App (4th) 190697 (Appellate Court of Illinois, 2021)
Dohrmann v. Swaney
2020 IL App (1st) 190970-U (Appellate Court of Illinois, 2020)
Grauer v. Clare Oaks
2019 IL App (1st) 180835 (Appellate Court of Illinois, 2019)
People v. Holmes
2016 IL App (1st) 132357 (Appellate Court of Illinois, 2016)
People v. Denson
2014 IL 116231 (Illinois Supreme Court, 2014)
Roach v. Union Pacific Railroad
2014 IL App (1st) 132015 (Appellate Court of Illinois, 2014)
Steele v. Provena Hospitals
2013 IL App (3d) 110374 (Appellate Court of Illinois, 2013)
Drakeford v. University of Chicago Hospitals
2013 IL App (1st) 111366 (Appellate Court of Illinois, 2013)
Fleming v. Moswin
2012 IL App (1st) 103475-B (Appellate Court of Illinois, 2012)
Village of Woodridge v. Board of Education
933 N.E.2d 392 (Appellate Court of Illinois, 2010)
Johnson v. Johnson
898 N.E.2d 145 (Appellate Court of Illinois, 2008)
Petraski v. Thedos
Appellate Court of Illinois, 2008
FIRST NAT. BANK OF LAGRANGE v. Lowrey
872 N.E.2d 447 (Appellate Court of Illinois, 2007)
First National Bank v. Lowrey
Appellate Court of Illinois, 2007
In Re Commitment of Sandry
857 N.E.2d 295 (Appellate Court of Illinois, 2006)

Cite This Page — Counsel Stack

Bluebook (online)
645 N.E.2d 896, 163 Ill. 2d 498, 206 Ill. Dec. 644, 1994 Ill. LEXIS 152, Counsel Stack Legal Research, https://law.counselstack.com/opinion/illinois-state-toll-highway-authority-v-heritage-standard-bank-trust-co-ill-1994.