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KLOPF v. ILLINOIS COMMERCE COMMISSION

No. 76-326.

369 N.E.2d 906 (1977)

54 Ill. App.3d 491

12 Ill.Dec. 199

Edward L. KLOPF, Jr., Haldor Schap, Gordon Hatfield, Galena State Bank & Trust Company, and C. N. A. Abandonment Limited, Plaintiffs-Appellees, v. ILLINOIS COMMERCE COMMISSION and Department of Conservation of the State of Illinois, Defendants-Appellants.

Appellate Court of Illinois, Second District.

November 15, 1977.

Attorney(s) appearing for the Case

William J. Scott, Atty. Gen., Chicago, Karl Yost, Asst. Atty. Gen., Morrison, for defendants-appellants.

Roth & Elliott, Galena, Michael W. Payette, Richard M. Freeman and George M. Hollander, Chicago, for plaintiffs-appellees.

NASH, Justice.

This appeal is concerned with the disposition of 32 miles of former right-of-way owned by the Chicago and North Western Transportation Company, a railroad public utility. After hearings, the Illinois Commerce Commission determined that the purported sale of the property to representatives of landowners adjoining it without prior Commission approval was void. The Commission refused to approve that sale and, further, authorized the Illinois Department...

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