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DEPARTMENT OF TRANSP. v. MARSH

No. 14412.

368 N.E.2d 172 (1977)

54 Ill. App.3d 890

10 Ill.Dec. 686

The DEPARTMENT OF TRANSPORTATION of the State of Illinois, for and on behalf of the People of the State of Illinois, Petitioner-Appellee, v. Anna MARSH, Herbert H. Scholl, Charlotte Scholl Perfue, Defendants, and Harold H. Kuhfuss, William J. Kuhfuss and Alvin L. Kuhfuss, Defendants-Appellants.

Appellate Court of Illinois, Fourth District.

October 7, 1977.

Attorney(s) appearing for the Case

Kuhfuss & Kuhfuss, Pekin, for defendants-appellants.

William J. Scott, Atty. Gen. of Ill., Springfield, William B. Lawrence, Sp. Asst. Atty. Gen., Bloomington, Roy E. Frazier Jr., Asst. Atty. Gen. of Ill., Springfield, for petitioner-appellee.

GREEN, Presiding Justice.

Petitioner, The Department of Transportation of the State of Illinois, filed a petition for condemnation in the Circuit Court of McLean County to acquire a parcel of farm land for purposes of reconstructing, widening and improving a state highway. Three of the six record owners named as defendants, Harold H. Kuhfuss, William J. Kuhfuss and Alvin L. Kuhfuss, filed a motion to dismiss and traverse alleging (1) that no attempt had been made...

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