Expert opinion gets reined in one opinion at a time By Norman Ruber To some lawyers, all facts are created equal. —Felix Frankfurter This unfavorable assessment by the former U.S. Supreme Court justice probably applies to the expert witness issues found in Enbridge Pipeline (Illinois) LLC v. Monarch Farms LLC, et al., 2017 IL App (4th) 150807. Enbridge arises out of the issuance of a certificate of eminent domain authority by the ... Read More
John Spesia selected as one of America’s Top 100 High Stakes Litigators
Spesia & Taylor congratulates partner John Spesia on his recent nomination and selection for membership as one of America’s Top 100 High Stakes Litigators. The selection committee for the group identifies and highlights the accomplishments of the nation’s most esteemed and skilled litigators in high stakes legal matters. In order to be considered for selection, an attorney must first have litigated a matter with at least $2,000,000 in damages ... Read More
Landowner Testimony in Condemnation Cases
Published in the Illinois Government Lawyers Association Journal Something to Think About By Jacob E. Gancarczyk and Christian Spesia The goal in any condemnation proceeding is to determine “just” compensation – i.e. compensation that places the landowner in the same economic position as they were in prior to the taking. In order to determine the amount of compensation that is owed to the landowner both parties typically hire appraisers. ... Read More
Construction Before Just Compensation – Fourth District Changes Game In Condemnation Cases
By: Jacob Gancarczyk and Christian Spesia, Spesia & Taylor For years, the game in condemnation proceedings for the condemnee has been delay. The strategy was the longer you could delay a project, the more the condemnor would pay in order for the project to proceed. A recent decision from the Fourth District Appellate Court has potentially changed the game in this regard. On September 22, 2015, the Fourth District Appellate Court in ... Read More
Landmark Eminent Domain Decision Allows Construction to Commence Prior to Jury Trial on Just Compensation
Appellate court permits the construction of a pipeline to commence across 21 tracts of land prior to a jury trial awarding just compensation. Ten months after filing the condemnation suits, attorneys for the condemning pipeline company, Sidley & Austin LLP and Spesia & Taylor, successfully argued for an injunction that permitted construction to commence in the case Enbridge Pipelines (Illinois) L.L.C. v. Troyer. Due to efficient and ... Read More
