DEPT. OF PUBLIC WORKS & BLDGS. v. SCHMAUSS

No. 71-229.

6 Ill. App.3d 470 (1972)

285 N.E.2d 628

THE DEPARTMENT OF PUBLIC WORKS AND BUILDINGS OF THE STATE OF ILLINOIS v. GERTRUDE LOUISE SCHMAUSS et al., Defendants, Cross-Petitioners, Appellees — (CHICAGO AND NORTH WESTERN RAILWAY COMPANY et al., Defendants, Cross-Petitioners, Appellants.)

Appellate Court of Illinois — Second District.

July 14, 1972.


Attorney(s) appearing for the Case

Welsh, Holmstrom, Hyzer, Jacobson & Worden, of Rockford, (Curtis Worden and Edward Warden, of counsel,) for appellants.

Reno, Zahm, Folgate & Skolrood, of Rockford, for appellees.


Reversed and remanded.

Mr. PRESIDING JUSTICE THOMAS J. MORAN delivered the opinion of the court:

The railroad appeals from an order which granted the proceeds of a condemnation award to the individual defendants, advancing four contentions: (1) its interest is tantamount to fee simple title because of its right to perpetual and exclusive possession; (2) as owner of the possessory interest in the land, it is entitled to all of the condemnation award; (3) condemnation...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases