City of East Peoria v. Group Five Development Co.

The City of East Peoria (City) filed a petition to construct a local improvement for road purposes across land partly owned by the appellant, Community College District No. 514 (District). The circuit court of Tazewell County dismissed the City’s petition. The appellate court reversed and remanded (90 Ill. App. 3d 729), holding that sections 9 — 2—14 and 9 — 2—15 of the Illinois Municipal Code (Code) (Ill. Rev. Stat. 1977, ch. 24, pars. 9 — 2—14, 9 — 2—15) authorized the City to take public property for the purpose of a local improvement. We granted leave to appeal.

There is but one issue: May…