City of Chicago v. PROLOGIS

Chief Justice Fitzgerald and Justices Thomas, Kilbride, Garman, and Karmeier concurred in the judgment and opinion.

Justice Burke took no part in the decision.

OPINION

The circuit court of Cook County denied defendant and intervening petitioners’ counterclaim for inverse condemnation. The appellate court affirmed the circuit court’s denial of the counterclaim (383 Ill. App. 3d 160), and we granted defendant and intervening petitioners’ leave to appeal. 210 Ill. 2d R. 315. For the reasons that follow, we affirm the judgment of the appellate court.

BACKGROUND

In 1996, the Village of Bensenville…