County of Cook v. Malysa

This appeal involves the propriety of a condemnor’s appeal from an ordinary condemnation judgment after it has paid the award and taken possession of the property. The County of Cook instituted eminent domain proceedings on March 4, 1966, to acquire land required for the construction of the Dan Ryan Expressway in Chicago. A jury awarded the respondents $167,000 for the parcel of land taken and $31,000 for damages to the remainder. Judgment was entered on the verdict and the County’s subsequent motion for a new trial was denied. After the payment of the award the County appealed to the…