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DEPT. PUBLIC WORKS & BLDGS. v. ELLS

No. 36404.

23 Ill.2d 619 (1962)

179 N.E.2d 679

THE DEPARTMENT OF PUBLIC WORKS AND BUILDINGS, Appellant, v. LAWRENCE H. ELLS et al. — (THE BOARD OF EDUCATION OF BIG HOLLOW SCHOOL DISTRICT et al., Appellees.)

Supreme Court of Illinois.

Opinion filed January 23, 1962.

Attorney(s) appearing for the Case

WILLIAM G. CLARK, Attorney General, of Springfield, (WILLIAM C. WINES, RAYMOND S. SARNOW, A. ZOLA GROVES and AUBREY KAPLAN, Assistant Attorneys General, of counsel,) for appellant.

J.E. BAIRSTOW, of Waukegan, for appellees.

Judgment affirmed.

Mr. JUSTICE SCHAEFER delivered the opinion of the court:

The question in this case is whether the General Assembly has authorized the Department of Public Works and Buildings to condemn school district property for highway purposes. The circuit court of Lake County held that such authority had not been granted to the Department and dismissed its petition to condemn the school property. The Department has appealed directly to this court....

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