Illinois Supreme Court

MB Financial Bank, N.A. v. Brophy

September 21, 2023226 N.E.3d 1257

Summary

The Illinois Supreme Court held that the former owners of the condemned property were not entitled to a refund of property taxes paid after the city filed its condemnation complaint because the relation‑back rule from McCausland is overruled. Accordingly, the court reversed the appellate court’s decision granting the refund claim and affirmed the dismissal of the declaratory‑judgment and mandamus claims. The decision also expressly overruled McCausland, adopting the rule that a taking occurs when compensation is paid and the property’s value is fixed at that time.