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GOLDMAN v. ZIMMER

Gen. No. 10,633.

64 Ill. App.2d 277 (1965)

212 N.E.2d 132

Robert H. Goldman, et al., as Members of the Board of Education of Springfield School District No. 186, Sangamon County, Plaintiffs-Appellants, v. Charles N. Zimmer, Defendant-Appellee.

Appellate Court of Illinois — Fourth District.

Rehearing denied December 16, 1965.

Attorney(s) appearing for the Case

Richard R. Grummon, of Springfield, for appellants.

Brown, Hay & Stephens, of Springfield (Paul W. Gordon, Jr., and Edward J. Cunningham, of counsel), for appellee.

CRAVEN, J.

This is an appeal from an order of the circuit court of Sangamon County granting the defendant's post-trial motion for arrest of judgment and dismissing a petition for condemnation. The issue here for determination is the validity of the purported exercise of the power of eminent domain by the plaintiff board of education.

The petition for condemnation was filed in May of 1963. In it was the allegation that the plaintiffs were the members of the...

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