Illinois State Toll Highway Authority v. DiBenedetto

I agree with the result reached by the majority. I cannot, however, agree with that portion of the majority’s opinion relative to the question of the good faith of the Authority’s $1,022,000 offer. Under these facts, the trial court correctly found the Authority’s offer, which was approximately 66% of the pending Homart offer, to be inadequate and not made in good faith. While recognizing that the question of value is ordinarily one of fact, where an offer such as we have here is so grossly inadequate compared to a pending offer, the question should be properly disposed of as a matter of law.

V…