176 N.E. 720 (Ill. 1931), 20518, Forest Preserve Dist. of Cook County v. Chilvers
|Citation:||176 N.E. 720, 344 Ill. 573|
|Opinion Judge:||EDMUNDS, C. PER CURIAM.|
|Party Name:||FOREST PRESERVE DIST. OF COOK COUNTY v. CHILVERS et al.|
|Attorney:||George A. Basta, Ross C. Hall, Charles H. Wells, and Irvin Rooks, all of Chicago, for appellant. John D. Clancy, of Chicago, for appellees.|
|Case Date:||June 18, 1931|
|Court:||Supreme Court of Illinois|
Condemnation proceeding by the Forest Preserve District of Cook County against Charles R. Chilvers and others. From the judgment, petitioner appeals.
Reversed and remanded.
[344 Ill. 574] Appeal from Superior Court, Cook County; E. M. Mangan, Judge.
On November 26, 1928, the Forest Preserve District of Cook county filed its petition in the superior court of Cook county to acquire by condemnation, for forest preserve purposes, a tract of land containing 4.6 acres lying along the west bank of the Des Plaines river and immediately south of Forest avenue, in the village of Riverside. Appellees, the owners of the land, filed original and amended traverses and moved to dismiss the suit. This motion was overruled and the cause went to trial on its merits before a jury. The verdict returned in favor of appellees was set aside and a new trial was awarded. An amended traverse was filed and appellees again moved to dismiss the suit. This motion was overruled and the cause again went to trial before a jury, which heard evidence and viewed the premises. Compensation was awarded appellees in the sum of $64,676.50. From the judgment on this verdict the Forest Preserve District has appealed.
The village of Riverside is platted on both sides of the Des Plaines river. The tract in question is zoned by village ordinance for single-residence purposes, only. There are other residences and a high school a short distance west of it. It is improved with a long one-story stucco building, which has a fiveroom apartment in the front part and is occupied by the owners, who have resided on
the property for many years. The apartment has toilet facilities, hot water heat, city water, and electric lights. The rear portion of the building is used for a boat house. South of this [344 Ill. 575] building is a canoe shed having capacity for about 300 canoes, and west of the canoe shed are about 19 locker rooms, approximately 6 feet by 10 feet in size. There is a garage and chicken house on the property. About 100 or 125 feet south of it is the right of way of the Chicago, Burlington & Quincy Railroad Company. When the present owners moved on the property, it was very low and at times the river overflowed and covered almost all of it. For some seventeen years ashes, stone...
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