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

552 N.E.2d 1151, 196 Ill. App. 3d 5, 142 Ill. Dec. 410, 1990 Ill. App. LEXIS 327
CourtAppellate Court of Illinois
DecidedMarch 16, 1990
Docket2-89-0538
StatusPublished
Cited by17 cases

This text of 552 N.E.2d 1151 (Illinois State Toll Highway Authority v. Heritage Standard Bank & Trust Co.) 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
Illinois State Toll Highway Authority v. Heritage Standard Bank & Trust Co., 552 N.E.2d 1151, 196 Ill. App. 3d 5, 142 Ill. Dec. 410, 1990 Ill. App. LEXIS 327 (Ill. Ct. App. 1990).

Opinion

JUSTICE DUNN

delivered the opinion of the court:

Plaintiff, Illinois State Toll Highway Authority, filed an eminent domain action against defendants, Heritage Standard Bank and Trust Company as trustee and Gallagher & Henry, Inc. Plaintiff condemned approximately 11.4 acres of land from a certain 40.5-acre parcel in Woodridge. The bank held title to the land as trustee, and Gallagher & Henry held the beneficial interest in the land trust. The jury awarded defendants $805,000 in just compensation for the land taken and awarded nothing on defendants’ cross-petition for damage to the remainder. Defendants contend on appeal that a new trial is necessary because of the following alleged errors by the trial court: (1) allowing the jury to consider evidence of general benefits to the subject property; (2) failing to strike certain expert testimony presented by plaintiff; (3) failing to give an instruction proffered by defendants defining special benefits to the remainder and stating such benefits may only be set off against damage to the remainder; (4) refusing to admit into evidence an environmental-impact statement that contained an alleged admission against plaintiff’s interest; (5) barring the admission of evidence that plaintiff paid damage to the remainder in settling an eminent domain action involving nearby property; (6) allowing counsel for plaintiff to ask improper questions and make improper comments during closing argument about a sale of nearby property; (7) allowing plaintiff to present a unilateral stipulation that it was willing to make certain landscaping improvements on the subject property; and (8) refusing to allow one of defendants’ experts to testify about the cost of constructing sound-barrier fences. Defendants also contend that plaintiff’s counsel improperly informed the jury during closing argument that they could not set off special benefits to the remainder against just compensation for the property, inviting the jury to do just that and that plaintiff’s counsel violated orders in limine. We affirm.

The subject property is located at the southwest corner of 71st Street and Woodward Avenue in Woodridge. Plaintiff acquired the 11.4-acre parcel because it was along the proposed route for the North-South Tollway. Plaintiff filed its complaint for condemnation on August 18, 1987, and received title to the property eight days later pursuant to the “quick-take” provisions of the Code of Civil Procedure (Code) (Ill. Rev. Stat. 1987, ch. 110, par. 7—103 et seq.). At the time of the taking, the entire 40.5-acre parcel was zoned A-2s, which permitted the owner to use it for multifamily residences, for offices or certain other commercial uses. The land was vacant with the exception of an old barn.

Defendant filed a cross-petition alleging that the remaining 29.1-acre tract had been damaged by the taking. The matter was set for jury trial on January 30,1989.

Thomas Buckley, who had worked as a professional land planner for 31 years, testified for plaintiff. Buckley felt that prior to the taking, the highest and best use for the subject property was low density multiple-family residences, with perhaps some single-family residences as well. Buckley held this opinion because the property was zoned to permit these uses, the trend of development in the area was for single-family residences, and the western and southern edges of the property adjoined land zoned for industrial and commercial usage, making multiple-family residences an appropriate buffer. Buckley felt that office was not the highest and best use prior to the taking because there were not enough good north-south roads in the area.

After the taking, however, Buckley felt the highest and best use of the property was as an office research park. Buckley noted that the remainder abutted the new tollway and was very close to the 75th Street interchange. Additionally, the zoning for the property permitted this use. Buckley also testified that the Village of Woodridge had reevaluated its comprehensive plan in 1985 because of the future impact of the tollway. The new plan designated the subject property for office or commercial usage.

Buckley stated that many properties located near the new tollway would benefit as a result of its construction. He testified that the subject property in particular would benefit because it was adjacent to the tollway, was undeveloped, and the tollway would change its highest and best use from multiple-family residences to an office research park. The trial court denied a defense motion to strike Buckley’s testimony.

Charles Southcomb, who had been a real estate appraiser for over 16 years, also testified for plaintiff. Southcomb felt that the highest and best use for the property prior to the taking was for low- to medium-density townhouses or residential condominiums. He did not feel high density apartment use was appropriate because this would be contrary to trends in the area. He felt office usage was not the highest and best use prior to the taking because there were no good north-south thoroughfares nearby. According to Southcomb, the value of the property taken was $741,000. He based this valuation upon comparable land sales in Westmont, Downers Grove, and Naperville.

According to Southcomb, the highest and best use for the subject property after the taking was for an office research complex. Southcomb felt that the new tollway and its 75th Street interchange would give the property the necessary access to support development of an office research complex. Additionally, the property would abut the new tollway for a quarter of a mile, giving it increased visibility and advertising exposure, even though the tollway was being constructed below grade. These factors changed the highest and best use for the subject property. Southcomb felt there were no damages to the remainder because its value had increased to $125,000 per acre as a result of the new tollway. The trial court denied defendants’ motion to strike Southcomb’s testimony concerning damage to the remainder.

Frank Lorenz, who also testified for plaintiff, had 17 years of experience as a real estate appraiser. Lorenz belonged to the American Institute of Real Estate Appraisers and was designated an MAI by that organization. Lorenz felt that the 11.4-acre parcel condemned by plaintiff had a value of $684,000. Lorenz used comparable sales in Naperville, Westmont, and Darien as a basis for his valuation of the property. He testified that while Woodridge is a good community, it is not as prestigious as some other Du Page County municipalities such as Naperville, Lisle and Wheaton.

According to Lorenz, the highest and best use for the property after the taking was still for multiple-family residences. Lorenz stated that in his opinion there was no damage to the remainder, noting that, at the nearby Bristol Court apartment complex, rental prices were the same for apartments which would be adjacent to the tollway and those which would be farther away. Lorenz testified that the owners of this complex were using the new tollway as a marketing tool.

Robert Olson, who had been in the businesses of landscape architecture and city planning for 25 years, testified for defendants. Olson felt the highest and best use for the property both before and after the taking was for multiple-family residences, with 20 to 24 units per acre.

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Bluebook (online)
552 N.E.2d 1151, 196 Ill. App. 3d 5, 142 Ill. Dec. 410, 1990 Ill. App. LEXIS 327, Counsel Stack Legal Research, https://law.counselstack.com/opinion/illinois-state-toll-highway-authority-v-heritage-standard-bank-trust-co-illappct-1990.