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DEPARTMENT OF PUBLIC WORKS & BLDGS. v. KELLY

No. 60389.

40 Ill. App.3d 896 (1976)

353 N.E.2d 195

THE DEPARTMENT OF PUBLIC WORKS AND BUILDINGS, Petitioner-Appellant, v. JOHN E. KELLY et al., Defendants. — (AMERICAN NATIONAL BANK AND TRUST COMPANY OF CHICAGO, Trustee, et al., Defendants-Appellees.)

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

Opinion filed July 26, 1976.

Attorney(s) appearing for the Case

William J. Scott, Attorney General, of Chicago (Leonard W. Golan and Robert C. Thomas, Assistant Attorneys General, of counsel), for appellant.

Thomas T. Burke and Robert J. Weber, both of Chicago, for appellees.

Reversed and remanded.

Mr. JUSTICE SIMON delivered the opinion of the court:

99.266 acres in the unincorporated area of Cook County owned by the defendants as co-trustees were taken by two separate condemnation proceedings instituted within a 17-month period by two public bodies, the Department of Public Works of this State (hereafter referred to as the State) and the Forest Preserve District of Cook County (hereafter referred to as the Forest Preserve). The...

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