Rothschild v. Baise

This case is before the court on a permissive interlocutory appeal pursuant to Supreme Court Rule 308 (87 Ill. 2d R. 308). At issue is an order of the circuit court of Marion County which denied a motion to dismiss a count in petitioners’ complaint seeking a writ of mandamus to compel respondent Greg Baise, Secretary of the Illinois Department of Transportation, to institute eminent domain proceedings to compensate petitioners for an alleged loss of access to their property. For the reasons which follow, we reverse.

Petitioners, Nathan and Beverly Rothschild, own a parcel of real estate,…