Town of Libertyville v. First National Bank

PRESIDING JUSTICE LINDBERG

delivered the opinion of the court:

Plaintiff, Town of Libertyville (township), filed an eminent domain action against defendants, First National Bank of Lake Forest, as trustee under trust No. 6756, et al. Plaintiff sought to acquire a 2.985-acre parcel of land from defendants pursuant to the Township Open Space Act (Act) (Ill. Rev. Stat. 1987, ch. 139, par. 321 et seq.). The circuit court dismissed plaintiff's complaint, ruling that the parcel does not constitute open land as that term is defined in section 2(b) of the Act (Ill. Rev. Stat. 1987, ch. 139, par.…