City of Chicago v. Midland Smelting Co.

              Sixth Division
September 30, 2008
No. 1-07-3200
THE CITY OF CHICAGO, a Municipal
Corporation,
Plaintiff-Appellee,
v.
MIDLAND SMELTING COMPANY., d/b/a
Midland Industries, Inc., an Illinois Corporation,
and UNKNOWN OWNERS,
Defendants-Appellants.
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Appeal from
the Circuit Court
of Cook County
04 L 050520
Honorable
Sheldon Gardner,
Judge Presiding.
JUSTICE McBRIDE delivered the opinion of the court:
The present action involves a parcel of property owned by defendant, Midland Smelting
Company (Midland). In a prior lawsuit, plaintiff, the City of Chicago (the City), attempted to
acquire the property through the use of its power of eminent domain. That action was dismissed
by the circuit court as an excessive taking. The City thereafter filed the present condemnation
action seeking to acquire approximately half of the property that it had sought in the original
action. The trial court denied Midland’s traverse and motion to dismiss and then certified the
following questions for interlocutory appeal pursuant to Supreme Court Rule 308(a) (155 Ill. 2d
R. 308(a)):
1. Whether the judgment entered in the original condemnation action bars the present
action under the doctrine of res judicata; and
2. Whether the City’s proposed taking of Midland’s property is a proper exercise of the
City’s power of eminent domain.
We granted Midland’s petition for leave to appeal.