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 & Ayers, 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 effective case management, attorneys from Sidley & Austin LLP and Spesia & Ayers successfully argued that the injunction was warranted because the pipeline company had received condemnation authority from the Illinois Commerce Commission and the trial court had already denied the landowners attempt to challenge that authority in a traverse and motion to dismiss. They also argued that any delay in construction would harm the public, cause significant increases in construction costs, and harm the reputation of a certificated common-carrier by pipeline. The trial and appellate courts agreed. The Illinois Supreme Court has also denied defendants’ petition to leave to appeal this decision.
This landmark decision ensures that the judicial process afforded to landowners is protected, but limited to its true purpose: a determination of just compensation. Condemning authorities now have another tool to consider with legal counsel when determining how to properly and efficiently proceed in eminent domain cases