"pass" votes as negative votes and thus improperly voted in violation of the 1980 consent decree.  This suit eventually was consolidated with Koen's first suit in the state circuit court.


13
Koen petitioned the state circuit court for a temporary restraining order (TRO) on March 23, 1989 to restrain the city from demolishing the building.  He contended that the city was acting improperly by issuing a demolition order after it had issued a temporary building permit and after it had allowed Koen to invest $90,000 in rehabilitating the building.  He further claimed that the demolition would be a violation of the Illinois Constitution, which prohibits the taking of private property for public use without just compensation.  That same day, the state circuit court granted a TROpending a hearing on Koen's petition for relief.


14
On March 27, 1989, after conducting a hearing pursuant to the TRO, the state circuit court concluded that Koen had not presented enough evidence to warrant an extension of the TRO.  Thus, the court dissolved the TRO,2 and the building was demolished on March 28, 1989.


15
After the demolition, on April 20, 1989, Koen filed an amended petition for mandamus in the state circuit court, in which he again sought to have the $62,810 in demolition funds held by the city returned to the state circuit court.  He again alleged that the council votes on the motions to return the money were improper because of Mayor Moss' erroneous construction of the "pass" votes as "no" votes.  He also asserted