Department of Transportation Ex Rel. People v. Callender Construction Co.

In January 1991, plaintiff, the Department of Transportation of the State of Illinois (Department or IDOT), by virtue of its power of eminent domain, filed a complaint for condemnation seeking to condemn property of defendant landowner, Callender Construction Company. In May 1991, defendant filed a motion to dismiss and traverse, alleging lack of necessity and statutory authority for the taking. In November 1993, the circuit judge denied the motion, holding the Department established a prima facie case of necessity but defendant failed to carry its burden of proof to rebut it. In February…