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CITY OF MT. CARMEL v. PARTEE

No. 76-465.

369 N.E.2d 569 (1977)

54 Ill. App.3d 449

12 Ill.Dec. 72

CITY OF MT. CARMEL, a Municipal Corporation, Plaintiff-Appellant, v. Clifton M. PARTEE, Clarence E. Partee, W. C. McBride, Inc., a corporation, unknown owner or owners, Defendants-Appellees.

Appellate Court of Illinois, Fifth District.

October 31, 1977.

Attorney(s) appearing for the Case

Robert M. Keenan, Jr., Mount Carmel, for plaintiff-appellant, City of Mt. Carmel.

Crain, Hall & Cooksey, Centralia, for defendants-appellees, Clifton M. Partee and Clarence E. Partee; Robert M. Crain, Centralia, of counsel.

GEORGE J. MORAN, Justice.

Petitioner City of Mount Carmel [hereinafter City] appeals from a judgment of the circuit court of Lawrence County dismissing its petition to condemn land in Wabash County1 for a street and highway right-of-way. Defendant landowners filed a traverse and motion to dismiss upon which the trial court entered judgment.

The sole issue presented is whether a municipal corporation is authorized by statute to...

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