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CENTRAL ILL. PUBLIC SERVICE CO. v. WESTERVELT

No. 74-336.

35 Ill. App.3d 777 (1976)

342 N.E.2d 463

CENTRAL ILLINOIS PUBLIC SERVICE COMPANY, Plaintiff-Appellee v. LAWRENCE T. WESTERVELT, Defendant-Appellant.

Appellate Court of Illinois — Third District.

Opinion filed February 6, 1976.

Attorney(s) appearing for the Case

Hartzell, Glidden & Tucker, of Carthage (Stanley L. Tucker, of counsel), for appellant.

Harris & Harris, of Macomb, and Nafziger & Otten, of Springfield (Elmer Nafziger, of counsel), for appellee.

Reversed and remanded.

Mr. JUSTICE BARRY delivered the opinion of the court:

Central Illinois Public Service Company, hereafter referred to as CIPS, instituted an eminent domain action in the Circuit Court of McDonough County to acquire a perpetual easement to construct, operate, and maintain a high-voltage electric transmission line across land owned by the defendant-appellant, Lawrence T. Westervelt. Westervelt filed a cross-petition which claimed damage...

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