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Southwestern Illinois Development Authority v. Masjid Al-Muhajirum
State: Illinois
Court: 5th District Appellate
Docket No: 5-03-0429 Rel
Case Date: 04/16/2004

                  NOTICE
Decision filed 04/16/04.  The text of this decision may be changed or corrected prior to the filing of a Petition for Rehearing or the disposition of the same.

NO. 5-03-0429

IN THE

APPELLATE COURT OF ILLINOIS

FIFTH DISTRICT


SOUTHWESTERN ILLINOIS DEVELOPMENT
AUTHORITY, a Municipal Corporation,

     Plaintiff-Appellee,

v.

MASJID AL-MUHAJIRUM, an Illinois Religious
Corporation,

     Defendant-Appellant,

and

ST. CLAIR COUNTY TRUSTEE, UNION
PLANTERS BANK, f/k/a MIDAMERICA BANK
& TRUST COMPANY OF EDGEMONT, THE
VILLAGE OF SAUGET, and Unknown Owners,

     Defendants.

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Appeal from the
Circuit Court of
St. Clair County.


No. 99-ED-5











Honorable
James M. Radcliffe III,
Judge, presiding.

SOUTHWESTERN ILLINOIS DEVELOPMENT
AUTHORITY, a Municipal Corporation,

     Plaintiff-Appellee,

v.

RUTH McGEE,

     Defendant-Appellant,

and

THE COUNTY OF ST. CLAIR and Unknown
Owners,

     Defendants.

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Appeal from the
Circuit Court of
St. Clair County.


No. 99-ED-8








Honorable
James M. Radcliffe III,
Judge, presiding.


JUSTICE KUEHN delivered the opinion of the court:

A little more than three years ago, Emerson Park was an area of East St. Louis,Illinois, that suffered from the ravages of time and poverty, an area that testified graphicallyto the urban decay that can follow a mass exodus of commerce and jobs from a city. Manyof its old houses had been condemned and torn down by city officials, leaving weeded andtrash-ridden vacant lots. A few of its old residences stood as isolated reminders of a once-thriving residential area. However, they barely stood. The old houses were run down anddilapidated, all that was left of a working-class neighborhood that ceased working long ago.

Masjid Al-Muhajirum (the Mosque) is a not-for-profit religious corporation with itstemporary place of worship located in the Emerson Park area. The Mosque acquired severalproperties, some adjacent to, and others nearby, its temporary church site, with plans fordeveloping the area for the Muslim community.

Ruth McGee owned a house in the blighted Emerson Park area.

Several years back, Southwestern Illinois Development Authority (SWIDA), a stateagency charged with the task of promoting economic development in the Metro East regionof southern Illinois, commenced quick-take proceedings to condemn the properties of Ms.McGee and the Mosque. The condemnation proceedings were launched on behalf ofdevelopers who wanted to renovate the Emerson Park area and build a large, upscale housingcommunity that would replace the slums that existed. The project made the Emerson Parkarea of East St. Louis, Illinois, into a nice place to live for people of varying means.

This is an appeal from the proceedings that fixed just compensation for that earliertaking. The Mosque and Ms. McGee maintain that the compensation was anything but just. They point out that the trial judge directed a verdict that fixed compensation at approximately 11 cents per square foot for the properties. They note that a square foot of"linoleum has more value than defendants' land was determined to have."

The Mosque and Ms. McGee are correct in their assessment that the valuationsemployed by SWIDA valued the land as practically worthless. The land may well have beenworth something more than SWIDA's appraiser claimed, but the only evidence of the land'svalue was presented by SWIDA. The Mosque's appraisal was stricken, and according to Ms.McGee, the appraiser that she hired failed to send an appraisal to her in time for the trial.

The Mosque and Ms. McGee set forth five arguments in their briefs. However,counsel for the defendants conceded at oral argument that this case turns upon two thingsthat happened along the path to fixing compensation for the properties. The result of theproceedings is perfectly understandable given what evidence was presented at the trial todetermine compensation. Once the trial judge struck the Mosque's appraisal and barred the testimony of its hired appraiser and thereafter denied the requests for a continuance urgedby counsel for the Mosque and by an unrepresented Ms. McGee, the outcome was a foregoneconclusion. The Mosque and Ms. McGee were going to receive the amount of money thatSWIDA's appraiser thought they should receive as compensation for SWIDA's condemnationof their property. That is exactly what happened.

We must decide whether the trial judge abused his discretion when, by virtue of hisrulings, he deprived Ms. McGee and the Mosque of expert opinion on the value of their land. This question has two parts. First, we must determine whether it was an abuse of discretionto strike the Mosque's appraisal and bar the appraiser's opinion regarding the taken land's fairmarket value. If we decide that it was not an abuse of the trial judge's discretion to bar thelandowner's evidence of valuation, we must further determine whether it was a discretionaryabuse to deny the Mosque a continuance in order to secure another appraisal. We also mustdecide whether it was an abuse of discretion to deny Ms. McGee's request for a continuancein order to procure legal representation and an appraisal.

SWIDA's appraiser fixed the fair market value of nine parcels of land taken from theMosque at $5,330. The trial judge directed a verdict for that amount of money. TheMosque's appraiser appraised the same nine parcels as having a value of approximately $1.4million.

The Illinois Supreme Court has found that Rules 703 and 705 of the Federal Rules ofEvidence (Fed. R. Evid. 703, 705) apply to condemnation cases. City of Chicago v. Anthony,136 Ill. 2d 169, 184-86, 554 N.E.2d 1381, 1388-89 (1990). Whether the facts and data reliedupon by a given appraiser are of a type reasonably relied upon by experts in the field of realestate appraisals is a determination left to the sound discretion of the trial court. Anthony,136 Ill. 2d at 186, 554 N.E.2d at 1389. When appraisals are submitted, the trial court mustnot " 'abdicate its independent responsibilities to decide if the bases meet minimum standardsof reliability as a condition of admissibility.' " Anthony, 136 Ill. 2d at 186, 554 N.E.2d at1389 (quoting In re "Agent Orange" Product Liability Litigation, 611 F. Supp. 1223, 1245(E.D.N.Y. 1985), aff'd, 818 F.2d 187 (2d Cir. 1987)).

A trial judge's determination on the admissibility of expert testimony is a decision leftto that judge's sound discretion, and we will not disturb it unless the circumstances revealthat the trial judge manifestly abused his discretion. Snelson v. Kamm, 204 Ill. 2d 1, 24, 787N.E.2d 796, 809 (2003).

When we look to the appraisal in question, we clearly understand why the trial judge,as a gatekeeper of expert opinion, had to strike the appraisal and bar the opinions of theMosque's appraiser. His appraisal of the property's worth was based upon the value of thevarious improvements to the land that the Mosque planned to make at some undeterminedtime in the future. He was prepared to tell the jury that the property was worth $1.4 million because of various buildings and structures that the Mosque hoped to build but as yet had notbroken ground to achieve. Apparently, the Mosque's expert felt that SWIDA shouldcapitalize the Mosque's dreams for the land by compensating the landowner for what the landcould become, rather than what the land actually was. Such a methodology would allow forany value a landowner would want to assign merely by conjuring big dreams and wishes forhis or her land use. Here, for example, SWIDA would have to consider itself lucky that theMosque only planned what it did, rather than hoping to build an edifice akin to the SearsTower.

The trial judge did not abuse his discretion in striking the appraisal and barring expertopinions that it contained.

The next question that we must decide is not quite as clear. The trial judge deniedboth landowners' requests for a continuance, a ruling made with knowledge that thelandowners were not armed with their own evidence about their property's worth. Refusingthe landowners' requests to have a jury determine just compensation on another day, whenthose landowners might have had evidence of their own, ensured the outcome of this case,a directed verdict based upon the only expert opinion offered about the land's fair marketvalue.

The trial judge's denial of both landowners' requests for a continuance is again thekind of ruling that we review for discretionary abuse. Continuances are judicialdeterminations committed to the sound discretion of trial judges, and we will not disturbdecisions about requests for delay, absent a manifest abuse of that discretion. Taxman v.First Illinois Bank of Evanston, 336 Ill. App. 3d 92, 96, 782 N.E.2d 803, 806-07 (2002).

As appellate counsel for the Mosque and Ms. McGee observes, at the point that theMosque was stripped of its anticipated evidence and the continuance requests of bothlandowners were denied, "the defendants' right to a trial by jury was a formality only, as adirected verdict was all but guaranteed." At first blush, the trial judge's insistence that thelandowners proceed in the face of their circumstance seems unduly harsh. However, thedenial of a postponement needs to be considered in the context of how all the parties arrivedat the trial date in question.

These landowners appealed the original quick-take decision. We decided that appealon January 30, 2001 (Southwestern Illinois Development Authority v. Masjid Al-Muhajirum,318 Ill. App. 3d 1005, 744 N.E.2d 308 (2001)), clearing the way for a jury determination ofjust compensation for the taking. The trial judge entered an order on April 10, 2001, whichset the jury trial for September 24, 2001. The landowners had eight months from ourdecision, and five months from the order setting a trial date, to ready their challenge toSWIDA's evidence of their property's worth.

The trial was not to transpire as scheduled. On September 5, 2001, the attorney forboth landowners filed two motions asserting that he had lost lines of communication with hisclients and asking for an order permitting him to withdraw as counsel. On September 19,2001, counsel was allowed to withdraw, and the Mosque and Ms. McGee asked to postponethe trial. The jury trial was postponed from September 24, 2001, until December 17, 2001. On October 16, 2001, another attorney entered his appearance for the two landowners. Given the December 2001 trial setting, the landowners had 11 months from our decision, and2 months from the appearance of new counsel, to ready themselves for trial.

The December trial did not materialize as planned. The landowners asked their newattorney to withdraw from representation on the eve of the scheduled trial. The trial judge,over SWIDA's objection, allowed another attorney to withdraw from the case. The trial wasscheduled for March 18, 2002. By virtue of this delay, the landowners were afforded oneyear and three months from the decision that cleared the way for the trial, in order to preparefor that trial.

The case was continued again on March 12, 2002. The delay was again at thelandowners' request and was again over SWIDA's objection. The case was set for a trial onMay 6, 2002. The landowners had another two months to prepare for the trial. In all, thetrial to determine just compensation in this case was a proceeding that was postponed fourtimes at the request of the landowners, allowing almost a year and a half to mount a properchallenge to SWIDA's position on valuation.

Appellate counsel points out that the land was already taken and developed into ahousing complex and that allowing a fifth last-minute continuance request would havecaused no harm. He maintains that the sound exercise of judicial discretion called for furtherdelay, particularly in light of the last-minute ruling that struck the Mosque's valuation expertand Ms. McGee's stated difficulties in hiring a lawyer and retrieving a paid-for appraisal. Finally, he argues the harshness of the ruling, which, in effect, was tantamount to a directedverdict fixing compensation based upon the sole appraisal submitted-the miserly judgmentof SWIDA's hired expert.

We might have preferred that the trial judge allow the landowners more time to seekout and procure an expert who could provide a valid valuation as a counter to SWIDA'sexpert opinion on fair market value. Notwithstanding, given the pattern of last-minutecontinuance requests, we cannot say that the denial of a fifth request constituted a manifestabuse of discretion. We sympathize with appellate counsel and his clients, when we examinethe nature of the jury proceeding. The trial to determine just compensation was not muchof a trial and was a totally one-sided event. SWIDA's expert controlled the outcome, andconsequently, the compensation awarded was lower than it might otherwise have been, hadthe landowners presented opinions from their own experts.

Trial judges possess inherent powers to administer their dockets in a manner designedto ensure the efficient and economic disposition of cases. The trial judge in this mattergranted four last-minute requests for delay and, on each occasion, allowed generous timespans within which the landowners could have done what was necessary to ready themselvesfor the protection of their interests. Moreover, we must disagree with the position thatanother continuance would have visited no harm upon anyone. With each last-minute delay,SWIDA was incurring pointless attorney fees for preparation and appearances. There comesa point in an aging case where trial judges are entitled to lose patience with lackadaisicalparties who simply refuse to treat trial settings as the deadline for doing the things that needto be done in order to be ready for a trial.

Given the historical pattern of delays, the trial judge might have fairly concluded thatthe Mosque and Ms. McGee were the kind of litigants that would never be fully prepared andready for trial. The trial judge did not abuse his discretion when he decided that it was timeto conclude this matter and insisted upon proceeding on the fourth date that he had set forcompensation's resolution.

The Mosque contends that the trial judge erred in refusing to allow the appraiser totestify on damages to the remainder and that the judge erred in denying a motion in liminethat requested that the remainder property be declared a special use. The contentions dependupon the viability of the Mosque's appraisal and the opinions of its appraiser. Since the trialjudge acted within his sound discretion in striking the appraisal and its author's opinions, theMosque lacked the means to establish damages to the remainder or to establish that it shouldbe declared a special use.

Finally, the landowners argue that the total compensation ordered to be paid for thetaking of their land violates the constitutional mandate that private property cannot be takenwithout the payment of just compensation. The argument necessarily requires us to examinethe appraisals of SWIDA's expert and, without any evidence to suggest that those appraisalsare wrong, find that they are so wrong that the constitution has been offended. We declineto constitutionally question whether the compensation in this case was enough compensationto be just. While it was not very much compensation, the compensation was in return for thetaking of slum properties. Most of the parcels of land in the area had been abandoned bytaxpayers who allowed them to be taken for delinquent taxes. As noted during oralargument, a reasonable position could be taken that these properties had no value at all andthat, in reality, they constituted a financial liability that no one would want to purchase.

For the reasons stated, we affirm.

Affirmed.

CHAPMAN, P.J., and HOPKINS, J., concur.

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