Town of Libertyville v. Blecka

Plaintiff, Town of Libertyville (Libertyville), appeals from an order of the trial court which dismissed its complaint for condemnation against defendants, Lawrence Blecka et al. Libertyville sought to acquire a 10-acre parcel of land from defendants pursuant to the Township Open Space Act (Act) (111. Rev. Stat. 1987, ch. 139, par. 321 et seq.). On appeal, Libertyville contends that the trial court erred in determining that, under the Act, open land or open space means a parcel of land which has a size of 50 acres or more.

Libertyville has acquired the fee simple or a lesser interest in 650…