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TRUSTEES OF SCHOOLS, TOWNSHIP 42 v. SCHROEDER

No. 36966.

25 Ill.2d 289 (1962)

184 N.E.2d 872

TRUSTEES OF SCHOOLS OF TOWNSHIP 42, FOR THE USE OF THE BOARD OF EDUCATION OF SCHOOL DISTRICT No. 57, Appellee, v. GERALD A. SCHROEDER et al., Appellants.

Supreme Court of Illinois.

Rehearing denied September 27, 1962.

Attorney(s) appearing for the Case

WALTER AND PECYNA, ROBERT A. SPRECHER, EDWARD W. BARRETT, and LEN YOUNG SMITH, all of Chicago, for appellants.

ALBERT E. JENNER, JR., and ALBERT J. HORRELL, both of Chicago, (THOMPSON, RAYMOND, MAYER & JENNER, HORRELL & BORDE, PHILIP W. TONE, and WILLIAM B. DAVENPORT, of counsel,) for appellee.

Judgment affirmed.

Mr. JUSTICE HOUSE delivered the opinion of the court:

The question presented by this appeal is whether a school district governed by article 7 of the School Code, (Ill. Rev. Stat. 1959, chap. 122, pars. 7-1 to 7-23,) is prohibited from taking land by eminent domain within 40 rods of the owners' dwelling.

The issue was raised by a traverse to the petition on the theory that the property was exempt from condemnation. Review was sought...

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