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DEPARTMENT OF TRANSPORTATION v. NEWMARK

No. 74-292.

34 Ill. App.3d 811 (1975)

341 N.E.2d 133

THE DEPARTMENT OF TRANSPORTATION, Petitioner-Appellee, v. STANLEY B. NEWMARK et al., Defendants-Appellants.

Appellate Court of Illinois — Fifth District.

Rehearing denied February 11, 1976.

Attorney(s) appearing for the Case

Karns, Starnes, Nester & Stegmeyer, of Belleville, for appellants.

William J. Scott, Attorney General, of Springfield (Roy E. Frazier, Jr., and Ronald C. Mottaz, Assistant Attorneys General, of counsel), for appellee.

Reversed and remanded.

Mr. JUSTICE CARTER delivered the opinion of the court:

The Department of Transportation of the State of Illinois (hereinafter petitioner) brought this action to determine just compensation for taking certain property belonging to defendant Stanley Newmark under the power of eminent domain. The defendant filed a counterclaim alleging damages to the remainder of his land. The jury awarded the defendant

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