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DEPT. OF CONSERVATION v. CHICAGO & N.W.

No. 77-71.

59 Ill. App.3d 89 (1978)

375 N.E.2d 168

THE DEPARTMENT OF CONSERVATION, Petitioner-Appellant, v. CHICAGO & NORTH WESTERN TRANSPORTATION COMPANY, Defendant-Appellee.

Appellate Court of Illinois — Second District.

Opinion filed April 14, 1978.

Attorney(s) appearing for the Case

William J. Scott, Attorney General, of Springfield (Karl Yost, Assistant Attorney General, of counsel), for appellant.

George M. Hollander and Michael W. Payette, both of Chicago, for appellee.

Reversed and remanded.

Mr. JUSTICE BOYLE delivered the opinion of the court:

The Department of Conservation, petitioner-appellant, hereafter the Department, appeals from an order of the circuit court of Jo Daviess County dismissing the Department's petition for condemnation of 19 miles of abandoned railroad right-of-way owned by the defendant-appellee, Chicago & North Western Transportation Company (hereinafter...

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