Infinity Broadcasting Corporation of Illinois v. The Prudential Insurance Company of America

The majority’s desire to preclude restraints on land development is the main reason it leaves Infinity uncompensated. By putting the burden of bargaining for specific protections on the prospective tenant, the majority apparently hopes to promote efficient development. But even as a matter of economic efficiency the construction of Two Prudential Plaza imposes costs on Infinity that ought to be recognized. The nature of Infinity’s use was carefully defined in the lease and the landlord should not be free to impair that use with impunity. If Prudential modified the existing building in a way…