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DEPARTMENT OF PUB. WORKS & BLDGS. v. DeROUSSE

Gen. No. 68-3.

102 Ill. App.2d 253 (1968)

242 N.E.2d 778

Department of Public Works and Buildings of the State of Illinois, Petitioner-Appellant, v. Theron A. DeRousse, et al., Defendants-Appellees.

Appellate Court of Illinois — Fifth District.

Rehearing denied December 19, 1968.

Attorney(s) appearing for the Case

William G. Clark, Attorney General of State of Illinois, of Chicago, Frank T. Plattner, Special Assistant Attorney General, of East St. Louis, and John J. Bennett, Division of Waterways, of Springfield, for appellant.

Paul H. Nehrt, Law Offices, Earl H. Sachtleben, of Red Bud, for appellees.

GOLDENHERSH, J.

Petitioner, Department of Public Works and Buildings of the State of Illinois, appeals from the order of the Circuit Court of Randolph County sustaining the traverse of the defendants and dismissing its petition for condemnation. Petitioner seeks to condemn certain lands for navigation, flood control, drainage, levee and water resources purposes.

The traverse raised a number of issues. The final order, as amended, concludes as follows: "It...

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