Condemnation – Writ of Mandamus

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7^th Circuit Court of Appeals

Case Name: City of Joliet, Illinois v. New West, L.P. et al  

Case No.: 15-2183

Officials: EASTERBROOK, WILLIAMS, and SYKES, Circuit Judges

Focus: Condemnation – Writ of Mandamus

None of courts finding erroneous in condemnation action.

“We asked at oral argument why the district court did not empanel a jury and try the two suits together, with the condemnation issues resolved by the court and the Fair Housing Act issues by a jury. The jury also could have served an advisory role in the condemnation action. See Fed. R. Civ. P. 39(c). The answer is that no one suggested this to the district court, and the judge did not propose it on his own. It would have been fruitless to expect a jury to follow 100 days of trial spread over 18 months—but maybe the presence of a jury would have induced the judge to rein in counsel’s presentations and make the trial manageable. One of the issues the judge will have to consider in the Fair Housing Act case is whether New West surrendered its right to a jury by not proposing a joint trial, or at least an advisory jury in the condemnation action. Cf. Fed. R. Civ. P. 38(d). We do not express any view on that subject. We do hope, however, that what we have said in this opinion will lead the parties to think carefully about whether a trial of the Fair Housing Act suit is necessary”

Affirmed

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Attorney Derek A. Hawkins is the managing partner at Hawkins Law Offices LLC, where he heads up the firm’s startup law practice. He specializes in business formation, corporate governance, intellectual property protection, private equity and venture capital funding and mergers & acquisitions. Check out the website at www.hawkins-lawoffices.com or contact them at 262-737-8825.