Herget National Bank of Pekin v. Kenney

Defendant, David Kenney, Director of the Department of Conservation, appealed from the judgment of the circuit court of Tazewell County ordering the issuance of a writ of mandamus directing him to institute eminent domain proceedings to determine compensation for certain real estate owned by plaintiff, the Herget National Bank of Pekin, as trustee. In a Rule 23 order (87 Ill. 2d R. 23) the appellate court reversed (119 Ill. App. 3d 1171), and we allowed plaintiff’s petition for leave to appeal (94 Ill. 2d R. 315(a)).

One question is raised: Does sovereign immunity bar plaintiff’s action to…