TOLL HIGHWAY COM'N v. EDEN CEMETERY ASS'N

No. 35090.

16 Ill.2d 539 (1959)

158 N.E.2d 766

THE ILLINOIS TOLL HIGHWAY COMMISSION, Appellee, v. THE EDEN CEMETERY ASSOCIATION et al., Appellants.

Supreme Court of Illinois.

Opinion filed May 22, 1959.


Attorney(s) appearing for the Case

THOMAS F. PIERCE, of Chicago, for appellants.

LATHAM CASTLE, Attorney General, of Springfield, WILLIAM WILSON, and CARYL P. BONOTTO, both of Chicago, (GEORGE W. McGURN, of counsel,) for appellee.


Judgment affirmed.

Mr. JUSTICE KLINGBIEL delivered the opinion of the court:

This is an appeal by the Eden Cemetery Association and Stewart's Foundation, defendants, from an order of the circuit court of Cook County denying defendants' prayer in their answer for a dismissal of a petition for condemnation filed by the Illinois State Toll Highway Commission, plaintiff.

Defendant Eden Cemetery Association is a religious, not-for-profit corporation. Its...

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