Village of Wheeling v. Exchange National Bank

572 N.E.2d 966, 213 Ill. App. 3d 325, 157 Ill. Dec. 502, 1991 Ill. App. LEXIS 436
CourtAppellate Court of Illinois
DecidedMarch 22, 1991
Docket1-88-3824
StatusPublished
Cited by18 cases

This text of 572 N.E.2d 966 (Village of Wheeling v. Exchange National Bank) 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
Village of Wheeling v. Exchange National Bank, 572 N.E.2d 966, 213 Ill. App. 3d 325, 157 Ill. Dec. 502, 1991 Ill. App. LEXIS 436 (Ill. Ct. App. 1991).

Opinion

JUSTICE COCCIA

delivered the opinion of the court:

This is an appeal by the Village of Wheeling from the trial court’s dismissal of its complaint filed under, and pursuant to, its eminent domain powers. The trial court ruled in favor of the defendant property owners following a hearing on their motion to dismiss. No issues were raised on the pleadings and no cross appeals were filed. The sole issue raised on appeal is whether the trial court erred in dismissing Wheeling’s complaint. We reverse and remand for trial, holding that the trial court erred in dismissing Wheeling’s complaint.

The Real Property Tax Increment Allocation Redevelopment Act (TIA) (Ill. Rev. Stat. 1977, ch. 24, par. 11 — 74.4—1 et seq.) provides for a planning and financing mechanism whereby municipalities of the State of Illinois can promote and assist in the economic development of redevelopment areas. The Village of Wheeling adopted such a plan by ordinance on February 25, 1985. The ordinance identified the Crossroads Redevelopment Project Area as the designated area for proposed' redevelopment. Various other ordinances were adopted by Wheeling, including ordinance No. 2314, authorizing the Village of Wheeling to acquire property through condemnation or otherwise in the Tax Increment Redevelopment Project Area. Ordinance No. 2314 authorized the acquisition of the real property being condemned in this suit, with the board of trustees of Wheeling specifically finding that the acquisition of these properties was necessary in order to implement the Wheeling Tax Increment Plan. Defendants are property owners of certain parcels located within the subject area. The Village of Wheeling filed the instant complaint to condemn the subject property pursuant to its eminent domain powers under the TIA.

The owners and tenants of three of the parcels in question, who are the appellees in this proceeding, filed traverses and motions to dismiss plaintiff’s complaint. The trial court, in undertaking to resolve the issues raised by the defendants’ traverses and motions to dismiss, elected to hold an evidentiary hearing thereon and, in doing so, decided to resolve all legal issues initially and separately, and then to proceed to resolve the factual issues.

On December 8, 1987, the trial court ruled in favor of the Village of Wheeling on all legal issues, finding:

“2. The Tax Increment Allocation Redevelopment Act, [citation] (hereinafter the Act) does not violate the due process or equal protection clauses of the U.S. Constitution;
3. Plaintiff adopted a Redevelopment Plan and Redevelopment Project prior to designating a redevelopment project area. The redevelopment project adopted by plaintiff satisfied the requirements of the Act for the reasons stated by the Court.”

No appeal was taken from the December 8, 1987, trial court order.

The evidentiary hearing on the traverses and motions to dismiss occurred on March 24 and 25, 1988. The primary focus of the hearing was whether the area qualified as blighted or conservation, or both, under the TIA, and whether the condemnation of the appellees’ property was necessary. The burden of going forward with the evidence to establish its prima facie case was that of the Village of Wheeling.

The plaintiff initially introduced into evidence ordinances Nos. 2157, 2158, 2159 and 2314. Those ordinances found:

“(a) The Wheeling Board of Trustees, being aware of the conditions of the project area, and having reviewed studies and information concerning the condition of the project area, found the Wheeling Redevelopment Project Area qualified for redevelopment as a blighted area or conservation area or both, as defined in the Tax Increment Act; and
(b) The condemnation of the property listed in Ordinance 2314 was necessary, required and needed to achieve the objectives of the Wheeling Tax Increment Plan and Project.”

In addition to the foregoing, the evidence showed that the Wheeling Tax Increment Redevelopment Plan (exhibit D to ordinance No. 2157) contained the opinions of Teska and Associates that support the findings made by the Wheeling Board of Trustees. The Teska firm was of the opinion that the area was “clearly eligible” for redevelopment pursuant to the Tax Increment Act. Both the Wheeling Board of Trustees and the Teska firm found that the area qualified as a “blighted area” or “conservation area” under the Act. Either finding would permit the adoption of a tax increment redevelopment plan and condemnation of appellees’ property, such being necessary to achieve the objectives of the plan. In addition, included in the redevelopment plan (which plan was incorporated into ordinance No. 2157) were specific findings that the Crossroads Redevelopment Project Area satisfied the statutory criteria for both a blighted area and a conservation area.

As noted by the trial court in its decision, the TIA defines “blighted” and “conservation” areas as follows:

“11 — 74.4—3. Definitions
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Cite This Page — Counsel Stack

Bluebook (online)
572 N.E.2d 966, 213 Ill. App. 3d 325, 157 Ill. Dec. 502, 1991 Ill. App. LEXIS 436, Counsel Stack Legal Research, https://law.counselstack.com/opinion/village-of-wheeling-v-exchange-national-bank-illappct-1991.