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SCHOOL TRUSTEES v. SHERMAN HEIGHTS CORP.

No. 35799.

20 Ill.2d 357 (1960)

169 N.E.2d 800

TRUSTEES OF SCHOOLS OF TOWNSHIP 37 NORTH, RANGE II, COOK COUNTY, ILLINOIS, Appellant, v. SHERMAN HEIGHTS CORPORATION et al., Appellees.

Supreme Court of Illinois.

Opinion filed October 31, 1960.

Attorney(s) appearing for the Case

WILLIAM A. REDMOND, and THOMAS A. FORAN, both of Chicago, (ROBERT E. WISS, of counsel,) for appellant.

WILLIAM C. JEROME, of Chicago, (THEODORE ZBIEGIEN, and DONALD HAMILTON, of counsel,) for appellees.

Reversed and remanded.

Mr. JUSTICE HOUSE delivered the opinion of the court:

This case poses the question of the proof required to establish necessity for the taking of property for school purposes by condemnation.

The township school trustees filed a petition to condemn approximately 11 acres of vacant land for the use and benefit of School District No. 210, Cook County, Illinois. The 11-acre tract lies east of and contiguous to the 8 1/2-acre school...

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