Town of Libertyville v. Bank of Waukegan

Plaintiff, the town of Libertyville (township), filed a complaint for condemnation pursuant to the Township Open Space Act (Act) (Ill. Rev. Stat. 1985, ch. 139, par. 321 et seq.) seeking to condemn a “less than fee simple” interest in certain real property held in trust by defendant, the Bank of Waukegan, under trust No. 666 for the benefit of defendants, Mario R. Egidi and Blanche E. Egidi. Other parties having an interest in the property were also named as defendants although they did not participate in this appeal and are not further referred to herein as defendants. The complaint stated…