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DEPT. OF PUBLIC WORKS & BLDGS. v. MITCHELL

No. 70-183.

9 Ill. App.3d 120 (1973)

291 N.E.2d 859

THE DEPARTMENT OF PUBLIC WORKS AND BUILDINGS, Petitioner-Appellee, v. J. MAX MITCHELL et al., Defendants-Appellants.

Appellate Court of Illinois — Fifth District.

January 23, 1973.

Attorney(s) appearing for the Case

Harris and Lambert, of Marion, for appellants.

William J. Scott, Attorney General, of Springfield, (James W. Sanders, Special Assistant Attorney General, and William P. Ryan, Assistant Attorney General, of counsel,) for appellee.

Reversed and remanded.

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

This is a condemnation case in which defendants appeal from a jury verdict in the Circuit Court of Franklin County in the amounts of $1356 as damages for the land taken for highway use and $1000 as damages to the land not taken. Earlier, under the Illinois "quick-take" procedure, preliminary just compensation for this same property was determined and paid in the...

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