Department of Public Works & Buildings v. an Ass'n of Franciscan Fathers

This is an eminent domain action (Ill. Rev. Stat. 1969, ch. 121, par. 4 — 501) filed by the Elinois Department of Public Works and Buildings (hereafter Department) against An Association of Franciscan Fathers of the State of Elinois (hereafter Franciscans), a corporation. At trial in late 1972, the Du Page County circuit court permitted the Franciscans’ witnesses to give testimony on the valuation of the Franciscans’ condemned property based on the reasonable probability of rezoning. The court refused, however, to give an instruction which would have expressly allowed the jury to consider the…