Town of Libertyville v. Northwest National Bank

Plaintiff, Town of Libertyville, filed an eminent domain action against defendants, Northwest National Bank of Chicago, as trustee under trust No. 2402, et al., seeking to condemn a 40-acre parcel of land pursuant to the Township Open Space Act (the Act) (Ill. Rev. Stat. 1987, ch. 139, par. 321 et seq.). The trial court, finding that the 40-acre parcel was not “open land” or “open space” under the Act (Ill. Rev. Stat. 1987, ch. 139, par. 322(b)), dismissed plaintiff’s complaint with prejudice. Plaintiff appeals from this dismissal.

The property at issue is a square 40-acre parcel located in…