CORN BELT BANK v. CELLINI

No. 12248.

18 Ill. App.3d 1035 (1974)

310 N.E.2d 470

CORN BELT BANK, Trustee, Petitioner-Appellant, v. WILLIAM F. CELLINI, Secretary of the Department of Transportation, Defendant-Appellee.

Appellate Court of Illinois — Fourth District.

April 25, 1974.


Attorney(s) appearing for the Case

Dunn, Brady, Goebel, Ulbrich, Hayes and Morel, of Bloomington (George R. Flynn, of counsel), for appellant.

William J. Scott, Attorney General, of Springfield (William P. Ryan and William B. Lawrence, Assistant Attorneys General, of counsel), for appellee.


Reversed and remanded.

Mr. JUSTICE SIMKINS delivered the opinion of the court:

This appeal is from an order of the court dismissing a petition for a writ of mandamus to compel the defendant to institute condemnation proceedings with respect to plaintiff's property adjacent to which the defendant had constructed a viaduct for the improvement of a State highway.

The property in issue, owned by the Corn Belt Bank as trustee under a land trust, is located...

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