La Salle National Bank & Trust Co. v. City of Chicago

470 N.E.2d 1239, 128 Ill. App. 3d 656, 83 Ill. Dec. 819, 1984 Ill. App. LEXIS 2474
CourtAppellate Court of Illinois
DecidedNovember 1, 1984
Docket83-2013
StatusPublished
Cited by18 cases

This text of 470 N.E.2d 1239 (La Salle National Bank & Trust Co. v. City of Chicago) 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
La Salle National Bank & Trust Co. v. City of Chicago, 470 N.E.2d 1239, 128 Ill. App. 3d 656, 83 Ill. Dec. 819, 1984 Ill. App. LEXIS 2474 (Ill. Ct. App. 1984).

Opinion

JUSTICE ROMITI

delivered the opinion of the court:

LaSalle National Bank and Trust Company (the bank), as trustee under a land trust agreement involving certain property in downtown Chicago for which the bank possessed a permit to connect its sewers to those of the city of Chicago, appeals from the entry by the circuit court of Cook County of a directed verdict and judgment in favor of the city. The judgment was entered by the court after hearing evidence on the bank’s complaint which alleged that the city’s revocation of the bank’s sewer connection permit should be enjoined on the grounds of equitable estoppel and unconstitutionality as a violation of procedural due process, a taking of private property for public use without just compensation, and an invalid exercise of municipal authority to protect public health and safety. In its appeal, the bank alleges reversible error in the trial court’s determinations with regard to its equitable estoppel, procedural due process, and taking of private property claims.

We affirm.

The downtown Chicago property of which the bank is trustee is commonly known as 2 North Riverside Plaza. It is a multistory office building, bounded on the east by the Chicago River, on the west by Canal Street, on the north by Washington Street, and on the south by Madison Street. The bank became trustee of the property in 1969.

The building was originally constructed in 1927. At that time, a sewer connection permit was obtained from the city of Chicago to allow for connection of the building’s four sewers to the city’s sewer main in the vicinity — a double-barreled combination storm-sanitary main running east-west under Washington Street between Canal Street and the Chicago River which had been built by the city in 1916. On November 14, 1977, the city council of the city of Chicago enacted the following ordinance pursuant to section 31 — 3 of the Chicago Municipal Code to revoke the bank’s sewer connection permit:

“WHEREAS, Prior to this date, to-wit: 1929, sewer connection permits were issued to the Riverside Plaza Building, No. 2 N. Riverside Plaza, Chicago, Illinois; and
WHEREAS, The City Council of the City of Chicago, after due investigation and consideration, has determined that the nature and extent of the public use and the public interest to be subserved is such as to warrant the demand that the said City Council revoke and annul such permits; and
WHEREAS, The Municipal Code of Chicago, Permit requirements, Section 31 — 3 provides as follows:
‘Permission to lay sewers or drains or make connections with sewers or drains in the public ways shall not be granted except upon the agreement, in writing, of the persons applying therefor that said work will be performed by a duly licensed drain layer, that the permittee will comply with the ordinances in relation to excavating the streets, that the permittee will indemnify the city for any damages or costs to which it may be put by reason of injuries resulting from neglect or carelessness in performing the work, and that no claim will be made by them or their successors in interest against the city or for exemption from an assessment lawfully imposed for constructing sewers or drains in the vicinity of their property, and upon the further condition that the city council may at any time revoke and annul such permission and direct such sewers, drains or pipes to be taken up or removed’; now, therefore, „

BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CHICAGO:

Section 1. That the sewer connection permits heretofore issued to the Riverside Plaza Building, No. 2 N. Riverside Plaza, are hereby revoked and annulled.

Section 2. That such sewers, drains or pipes servicing said building be taken up and removed immediately.

Section 3. That the Commissioner of Water and Sewers immediately notify the said Riverside Plaza Building, No. 2 N. Riverside Plaza, Chicago, Illinois, of this revocation and annulment.

Section 4. This ordinance shall be in force and effect from the date of its passage.” Journal of the Proceedings of the City Council of the City of Chicago, Ill. 6273 (November 14, 1977).

The bank filed its action to contest the validity and enforceability of this ordinance in February 1978. At trial the bank presented the testimony of one individual, Lester Barret, manager of the building since 1966. It also introduced into evidence several pieces of documentary evidence, including the 1927 sewer permit, correspondence between the Metropolitan Sanitary District, the city of Chicago and Barret, and sets of plans showing the location of the city’s sewer main to which the building’s sewers were connected. None of this documentary evidence is included in the appellate record before us.

Barret testified that from 1972 to 1977 a series of meetings were held between representatives of the bank, the city of Chicago, and the Metropolitan Sanitary District. He stated that the purpose of these meetings was to attempt to reach an agreement regarding the reconstruction of the building’s sewer lines which were connected to the city’s main. Barret further testified that this reconstruction was necessitated because of “outfall from the double-barreled main [in]to the Chicago River.” The precise nature of this “outfall” is unclear from the record before us. Certain documents admitted into evidence by the trial court may have elucidated Barret’s phrase, but are not part of the record on appeal. Counsel for both the bank and the city have amplified upon the nature of this overflow problem in their briefs, but with disagreement on its cause and remedy. In any event, both parties agree and the trial court concluded that during times of heavy rainfall the double-barreled sewer main overflows and causes raw sewage in the main to flow directly into the Chicago River.

Barret stated that the meetings between the bank, the city and the Metropolitan Sanitary District were terminated in 1977 because the parties could not agree on allocating the cost to reconnect the bank’s sewers to another main. He also stated that he never received any notices from the Metropolitan Sanitary District that the building’s use of the main violated sewage or environmental laws of the city of Chicago, the State of Illinois, or the United States government. Barret testified that he requested an estimate of the cost to reroute the building’s sewage, although a copy of this estimate is not part of the record on appeal. However, in its oral pronouncement of a directed verdict the trial court observed that “the estimate appears to be in the neighborhood of $84,000 ***.” We will therefore disregard those unsupported comments by bank’s counsel in this appeal that the cost of such reconnection would be “in excess of $300,000.”

After the bank rested its case, the city moved for a directed verdict.

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

Related

Independents Gas & Service Stations Ass'n v. City of Chicago
112 F. Supp. 3d 749 (N.D. Illinois, 2015)
People v. Electronic Plating Co.
683 N.E.2d 465 (Appellate Court of Illinois, 1997)
Bialek v. Moraine Valley Community College School District 524
642 N.E.2d 825 (Appellate Court of Illinois, 1994)
Gorgees v. Daley
628 N.E.2d 721 (Appellate Court of Illinois, 1993)
Anchorage v. Sandberg
861 P.2d 554 (Alaska Supreme Court, 1993)
Forest Preserve District v. West Suburban Bank
621 N.E.2d 215 (Appellate Court of Illinois, 1993)
Grigoleit, Inc. v. BD. OF TRUSTEES OF SANITARY DIST. OF DECATUR
599 N.E.2d 51 (Appellate Court of Illinois, 1992)
Lappin v. Costello
598 N.E.2d 311 (Appellate Court of Illinois, 1992)
Adams v. Bradshaw
599 A.2d 481 (Supreme Court of New Hampshire, 1991)
City of Chicago v. Unit One Corp.
578 N.E.2d 194 (Appellate Court of Illinois, 1991)
Hyon Waste Management Services, Inc. v. City of Chicago
574 N.E.2d 129 (Appellate Court of Illinois, 1991)
Central Transport, Inc. v. Village of Hillside
210 Ill. App. 3d 499 (Appellate Court of Illinois, 1991)
CENTRAL TRANSPORT v. Village of Hillside
568 N.E.2d 1359 (Appellate Court of Illinois, 1991)
Madison Associates v. Bass
511 N.E.2d 690 (Appellate Court of Illinois, 1987)

Cite This Page — Counsel Stack

Bluebook (online)
470 N.E.2d 1239, 128 Ill. App. 3d 656, 83 Ill. Dec. 819, 1984 Ill. App. LEXIS 2474, Counsel Stack Legal Research, https://law.counselstack.com/opinion/la-salle-national-bank-trust-co-v-city-of-chicago-illappct-1984.