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DEPT. OF PUBLIC WORKS & BLDGS. v. NEACE

No. 72-173.

13 Ill. App.3d 982 (1973)

301 N.E.2d 509

THE DEPARTMENT OF PUBLIC WORKS AND BUILDINGS, Petitioner-Appellee, v. MELVIN D. NEACE et al., Defendants-Appellants.

Appellate Court of Illinois — Second District.

Rehearing denied October 9, 1973.

Attorney(s) appearing for the Case

Edward T. Graham, of Glen Ellyn, for appellants.

William J. Scott, Attorney General, of Chicago, (Calvert J. Gordon, of Righeimer & Righeimer, Special Assistant Attorney General, of counsel,) for appellee.

Reversed and remanded.

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

This is an eminent domain proceeding. Certain defendants appeal from orders denying their traverses and motions to dismiss (traverse) and from the granting of petitioner's motion for immediate vesting of title (quick take).

Reversal is sought on two grounds: (1) the court erred by considering petitioner's motion for quick take prior to conducting a hearing on defendants...

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