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FOSS PARK DIST. v. FIRST NAT. BK. OF WAUKEGAN

Gen. No. 69-212.

125 Ill. App.2d 276 (1970)

260 N.E.2d 474

Foss Park District, A Body Corporate and Politic, Petitioner-Appellee, v. The First National Bank of Waukegan, as Trustee Under Trust No. 616, et al., Respondents-Appellants.

Appellate Court of Illinois — Second District.

Rehearing denied July 30, 1970.

Attorney(s) appearing for the Case

Mark J. Drobnick, of Waukegan, for appellant.

Thomas G. Przyborski and Frank M. Daly, of Waukegan, for appellee.

MR. PRESIDING JUSTICE DAVIS delivered the opinion of the court.

This is an eminent domain proceeding brought by the Foss Park District, seeking condemnation of certain lands for use as part of a public golf course in which the jury awarded the respondents $75,202.

On appeal, the respondents contend that the statute authorizing the petitioner to condemn for golf course purposes, where a fee for playing is to be charged, is unconstitutional;

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