Davis v. Brown

PRESIDING JUSTICE O’MALLEY

delivered the opinion of the court:

Plaintiffs appeal the order of the circuit court of Kendall County dismissing their declaratory judgment action against defendants, Kirk Brown and the Illinois Department of Transportation (Department). In their second amended complaint, plaintiffs sought to have section 4 — 510 of the Illinois Highway Code (Highway Code) (605 ILCS 5/4— 510 (West 2002)) declared unconstitutional as improperly taking or interfering with plaintiffs’ property without just compensation or due process of law. The trial court dismissed plaintiffs’…