Illinois Toll Highway Commission v. Eden Cemetery Ass'n

This is an appeal by the Eden Cemetery Association and Stewart’s Foundation, defendants, from an order of the circuit court of Cook County denying defendants’ prayer in their answer for a dismissal of a petition for condemnation filed by the Illinois State Toll Highway Commission, plaintiff.

Defendant Eden Cemetery Association is a religious, not-for-profit corporation. Its sole property consists of a tract of land dedicated to cemetery use. Defendant Stewart’s Foundation, a not-for-profit religious corporation, holds a mortgage on the cemetery tract.

The plaintiff alleged in its petition that…