Trustees of Schools v. Sherman Heights Corp.

This case poses the question of the proof required to establish necessity for the taking of property for school purposes by condemnation.

The township school trustees filed a petition to condemn approximately 11 acres of vacant land for the use and benefit of School District No. 210, Cook County, Illinois. The 11-acre tract lies east of and contiguous to the 8-acre school site of Lemont Township High School operated by the district. Defendant owner of the tract traversed the petition and filed a motion to dismiss and to controvert petitioner’s right to condemn, primarily on the ground that…