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LOMBARD PARK DIST. v. CHICAGO T. & TRUST CO.

Gen. No. 68-58.

103 Ill. App.2d 1 (1968)

242 N.E.2d 440

Lombard Park District, a Municipal Corporation, Plaintiff-Appellant, v. Chicago Title and Trust Company, Not Individually but as Trustee Under Trust Agreement Known as Trust No. 36988, Maywood-Proviso State Bank, Not Individually but as Trustee Under Trust Agreement Known as Trust No. 1604, Elmhurst National Bank, Not Individually but as Trustee Under Trust Agreements Known as Trusts Numbered 634, 1983, 1985 and 100, Lawrence A. Britton, et al., Unknown Beneficiaries of Chicago Title and Trust Company, Trust Number 36988, Unknown Beneficiaries of Maywood-Proviso State Bank, Trust No. 1604, Unknown Beneficiaries of Elmhurst National Bank, Trust No. 634, Trust No. 1983, Trust No. 1985, Trust No. 1900, and Unknown Owners, Defendants-Appellees.

Appellate Court of Illinois — Second Judicial District.

November 27, 1968.

Attorney(s) appearing for the Case

Thomas A. Matthews and Donald Kreger, of Chicago, for appellant.

Paul S. Schmid, of Wheaton, for appellees.

MR. JUSTICE DAVIS delivered the opinion of the court.

This eminent domain proceeding was brought by the plaintiff, Lombard Park District, to condemn six parcels of real estate, including the two involved in this appeal. During the course of the trial, the court excluded the testimony of three of the defendants' expert valuation witnesses because their conclusions were based upon a supposed highest and best use not consistent...

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