In re Application of the Park District of La Grange (Park District of La Grange v. The La Grange Friends of the Parks)
Oct 17, 2013OUTCOME: Prevailed at trial and intermediate appellate levels
Park District filed application under the Park Commissioners Land Sale Act to sell 2 parcels of land in park, and Friends of the Parks objected. Cook County Circuit Court granted application and the F ... riends of the Parks appealed. The Appellate Court held that: [1] Circuit Court had jurisdiction under the Park Commissioners Land Sale Act to consider application; [2] Act permitted transfers of parcels within one park in separate transactions; [3] Act did not violate the Separation of Powers clause in Illinois Constitution; [4] Circuit Court was to review park district's application to sell parcels of park land under the arbitrary and capricious standard; [5] evidence of the Park District's use of proceeds from proposed sale was relevant; and [6] Park District's decision that the park land that it wanted to sell was no longer needed, useful, or necessary and that the sale would be for the public interest was not arbitrary and capricious.
