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PEOPLE, DEPT. OF PUB. WKS. & BLDGS. v. MOKRES

No. 12267.

28 Ill. App.3d 422 (1974)

328 N.E.2d 357

THE PEOPLE ex rel. THE DEPARTMENT OF PUBLIC WORKS AND BUILDINGS, Petitioner-Appellant, v. MARCELLA MOKRES et al., Respondents-Appellees. — (MARCELLA MOKRES et al., Appellees.)

Appellate Court of Illinois — Fourth District.

Rehearing denied June 11, 1975.

Attorney(s) appearing for the Case

William J. Scott, Attorney General, of Springfield (William P. Ryan, Roy E. Frazier, Jr., Robert F. Scott, and Charles W. Williams, Assistant Attorneys General, of counsel), for appellant.

Barber and Barber, of Springfield (Carl O. Hoffee and Barry O. Hines, of counsel), for appellees.

Judgment affirmed.

Mr. JUSTICE SMITH delivered the opinion of the court:

• 1 This is an appeal from the circuit court of Sangamon County where a judgment in favor of the defendants awarded $492 for forty-one one-thousandths (.041) of an acre of land taken and $42,000 as damages to the remainder in a condemnation suit. The issue involved may be rather simply stated and it is: Where the abutting property owners have previously

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