Alsip Park District v. D & M Partnership

Plaintiff, Alsip Park District (District), brought this condemnation action against defendants, D & M Partnership (D&M) and unknown owners, to acquire land (the site) for which a building permit was previously issued to construct a group home for developmentally disabled persons. The trial court granted defendants a traverse and dismissed the action on their motion, on the basis of its finding that plaintiff abused its discretion when exercising the power of eminent domain because plaintiff had no purpose, ascertainable public need or plan, current or future, for the site. We reverse and…