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DEPT. OF PUBLIC WKS. & BLDGS. v. KELLER

No. 47124.

61 Ill.2d 320 (1975)

335 N.E.2d 443

THE DEPARTMENT OF PUBLIC WORKS AND BUILDINGS (now Department of Transportation), Appellee, v. LAWRENCE KELLER et al., Appellants.

Supreme Court of Illinois.

Opinion filed September 26, 1975.

Attorney(s) appearing for the Case

George R. Schwarz, of Jerseyville, and Jack E. Horsley and Richard F. Record, Jr., of Craig & Craig, of Mattoon, for appellants.

William J. Scott, Attorney General, of Springfield (Roy Frazier, Assistant Attorney General, and D.A. McGrady, Special Assistant Attorney General, of counsel), for appellee.

Judgment affirmed.

MR. JUSTICE RYAN delivered the opinion of the court:

The Department of Public Works and Buildings, now the Department of Transportation (Department), filed a petition in the circuit court of Jersey County to condemn 21.32 acres of land. The defendants, Lawrence Keller, Jr. and Sara Keller, the owners of the land and the defendant, J.C. Bremer, the tenant, filed a traverse and motion to dismiss...

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