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ILLINOIS TOLL HWY. AUTH. v. CHICAGO TITLE & T.

No. 75-41.

37 Ill. App.3d 355 (1976)

345 N.E.2d 516

THE ILLINOIS STATE TOLL HIGHWAY AUTHORITY, Petitioner-Appellant, v. CHICAGO TITLE & TRUST COMPANY et al., Defendants-Appellees.

Appellate Court of Illinois — Second District (2nd Division).

Opinion filed April 13, 1976.

Attorney(s) appearing for the Case

William J. Scott, Attorney General, of Chicago, and Brady, McQueen, Martin, Callahan & Collins, of Elgin (John R. Lavery and Malcolm E. Erickson, Assistant Attorneys General, of counsel), for appellant.

Elmer C. Rudy and John E. Pfau, both of Williams, McCarthy, Kinley, Rudy & Picha, of Rockford, for appellees.

Reversed and remanded.

Mr. PRESIDING JUSTICE THOMAS J. MORAN delivered the opinion of the court:

On October 5, 1971, petitioner, Illinois State Toll Highway Authority, filed a petition for condemnation of several tracts of land. Among the parcels sought to be condemned was a portion of tract owned by respondent, John W. Tilton Industries, Inc. The 870-foot strip of respondent's land was to be used as an exit...

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