Village of Wheeling v. Exchange National Bank

This is an appeal by the Village of Wheeling from the trial court’s dismissal of its complaint filed under, and pursuant to, its eminent domain powers. The trial court ruled in favor of the defendant property owners following a hearing on their motion to dismiss. No issues were raised on the pleadings and no cross appeals were filed. The sole issue raised on appeal is whether the trial court erred in dismissing Wheeling’s complaint. We reverse and remand for trial, holding that the trial court erred in dismissing Wheeling’s complaint.

The Real Property Tax Increment Allocation Redevelopment…