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DEPT. OF PUB. WKS. & BLDGS. v. BLACKBERRY CEMETERY

No. 73-254.

32 Ill. App.3d 62 (1975)

335 N.E.2d 577

THE DEPARTMENT OF PUBLIC WORKS AND BUILDINGS, Plaintiff-Appellee, v. BLACKBERRY UNION CEMETERY et al., Defendants-Appellants — (LAVERNE RAYMOND et al., Defendants-Appellees.).

Appellate Court of Illinois — Second District (1st Division).

September 30, 1975.

Attorney(s) appearing for the Case

Robert F. Casey and Dale C. Flanders, both of Geneva, for appellants.

William J. Scott, Attorney General, of Springfield, T.J. Reuland, of Reid, Ochsenschlager, Murphy & Hupp, of Aurora (Roy E. Frazier, Jr., Thomas J. Banbury, and Noel C. Davis, Assistant Attorneys General, of counsel), for appellees.

Judgment affirmed.

Mr. JUSTICE HALLETT delivered the opinion of the court:

The Department of Public Works and Buildings of the State of Illinois in September of 1970, filed an action to condemn various parcels, including the 4.115 acres here involved, for highway purposes. The jury rendered directed verdicts (1) fixing the compensation for said tract at $37,000 and (2) allocating $3,335 of that sum to the value of the leasehold of the Pines Gravel Company...

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