Halpin v. Schultz - Argument in the Supreme Court
We first wrote on the travails and accomplishments of Mr. Schultz back in 2008. The case involves the Illinois Drainage Code and will be important to any land owner, particularly farmers.
The case was granted leave to appeal and has now been argued in front of the Illinois Supreme Court.
As in the previous court, Mr. Schultz argued the case himself. Video of the argument can be found here.
If you listen to the argument, you'll see that the attorneys for the Halpin's are arguing that the appellate court essentially re-tried the case at the appellate level and that the appellate decision was against the manifest weight of the evidence and that the appellate court abused its discretion.
This will be an important decision for developers and those who represent them. We may end up seeing confirmation of the appellate court's constitutional concern:
"The law does not favor the expropriation of private property for the public good without just compensation. Even less attractive is the expropriation of private property for the private benefit of an adjoining property owner."
With the economy in tatters and so many people losing their jobs and looking for work it’s refreshing to hear about people taking charge of their destiny and succeeding.