[Download] "County of Cook v. Malysa" by Supreme Court of Illinois # Book PDF Kindle ePub Free
eBook details
- Title: County of Cook v. Malysa
- Author : Supreme Court of Illinois
- Release Date : January 28, 1968
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 61 KB
Description
This appeal involves the propriety of a condemnor's appeal from an ordinary condemnation judgment after it has paid the award and taken possession of the property. The County of Cook instituted eminent domain proceedings on March 4, 1966, to acquire land required for the construction of the Dan Ryan Expressway in Chicago. A jury awarded the respondents $167,000 for the parcel of land taken and $31,000 for damages to the remainder. Judgment was entered on the verdict and the County's subsequent motion for a new trial was denied. After the payment of the award the County appealed to the appellate court, and the appeal was dismissed on motion of respondents. We granted leave to appeal because of the important procedural questions involved. The judgment order which vested fee simple title in the County upon payment of the award was entered on September 27, 1966. After this order had been entered, the County filed its motion for a new trial. Subsequent to the filing of this motion, but prior to a ruling on it, the award contained in the judgment order was submitted by the County to the Board of County Commissioners for approval. The award was approved by the board and on November 27, 1966, the full amount of the award plus interest from the date of judgment was deposited with the Cook County treasurer. On December 2, 1966, the property owners were notified that the award could be withdrawn from the treasurer's office. On December 14, 1966, prior to making application for withdrawal of the award, the respondents filed a motion to dismiss the petitioner's post-trial motion for a new trial, asserting that the deposit of the award by the petitioner with the treasurer's office terminated the litigation and consequently precluded the County from taking any steps to overturn the award. After hearing arguments by both sides the trial court, on January 10, 1967, denied the respondents' motion to dismiss the post-trial motion but went on to also deny the post-trial motion itself. The respondents thereafter made application for and received the award, together with interest, which was on deposit with the treasurer's office. No objection to this application was made at any time by the County.