Lombard Park District v. Chicago Title & Trust Co.

This eminent domain proceeding was brought by the plaintiff, Lombard Park District, to condemn six parcels of real estate, including the two involved in this appeal. During the course of the trial, the court excluded the testimony of three of the defendants’ expert valuation witnesses because their conclusions were based upon a supposed highest and best use not consistent with the zoning regulations, and not based upon any use permitted by any reasonably probable rezoning. Thereafter, the trial court granted the defendants’ motion for a new trial on the ground that it had erred in rejecting…