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DEPT. OF PUBLIC WORKS v. GORBE

No. 31823.

409 Ill. 211 (1951)

98 N.E.2d 730

THE DEPARTMENT OF PUBLIC WORKS AND BUILDINGS, Appellee, v. JULIUS GORBE et al., Appellants.

Supreme Court of Illinois.

Rehearing denied May 21, 1951.

Attorney(s) appearing for the Case

FRED P. SCHUMAN, of Granite City, for appellants.

IVAN A. ELLIOTT, Attorney General, of Springfield, (WILLIAM C. WINES, of Chicago, of counsel,) for appellee.

Reversed and remanded.

Mr. JUSTICE WILSON delivered the opinion of the court:*

April 2, 1948, the Department of Public Works and Buildings filed a petition in the circuit court of Madison County to condemn two parcels of land for highway purposes. In addition, the Department also filed a declaration of the taking of private property for public use, seeking the immediate vesting of title...

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