TRUSTEES OF SCHOOLS v. SONS

No. 37339.

27 Ill.2d 63 (1963)

187 N.E.2d 673

TRUSTEES OF SCHOOLS OF TOWNSHIP 35 NORTH, RANGE 14 EAST OF THE 3RD PRINCIPAL MERIDIAN, COOK COUNTY, ILLINOIS, Appellants, v. EDWARD M. SONS et al., Appellees.

Supreme Court of Illinois.

Opinion filed February 1, 1963.


Attorney(s) appearing for the Case

NORMAN, ENGLEHARDT, ZIMMERMAN, FRANKE & LAURITZEN, and THOMAS A. FORAN, of Chicago, (HAROLD W. NORMAN, ALLYN J. FRANKE, THOMAS A. FORAN, and ROBERT E. WISS, of counsel,) for appellants.

BURTON EVANS and EDWARD T. HAVEY, of Chicago, and ROBERT A. MEIER, JR., of Chicago Heights, for appellees.


Reversed and remanded.

Mr. JUSTICE SCHAEFER delivered the opinion of the court:

Since 1909, school districts with a population of less than 1000 have been denied authority to acquire by eminent domain any tract of land "outside the limits of any incorporated city or village, and within forty rods of the dwelling of the owner of the land." School districts with a population of more than 1000 have never been subject to such a restriction. The question in this...

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