Rosen v. Village of Downers Grove

In Rosen v. Village of Downers Grove, 19 Ill. 2d 448, 453, 167 N.E.2d 230 (1960), the plaintiff corporation owned a tract of land that it proposed to subdivide into 52 lots. The village's plan commission approved the plaintiff's plat after the plaintiff executed an agreement that required it to deposit $ 325 in escrow for each lot sold. Under the agreement, the money would subsequently be forwarded to the school districts if the ordinance was not found to be invalid. By the time the trial commenced, the plaintiff had paid over $ 7,000. After noting the plaintiff's protest, but not discussing its import, the supreme court held that there was economic pressure on the plaintiff and that it established duress: "The plaintiff is engaged in the business of subdividing raw land upon a large scale, and it is under contractual obligations to furnish building sites to contractors who are engaged in the construction of buildings. The economic pressure upon such a large scale developer is obvious and we think duress has been established in this case." Rosen, 19 Ill. 2d at 455-56.