DEPT. OF TRANSP. v. CATHOLIC DIOCESE

No. 77-530.

63 Ill. App.3d 683 (1978)

379 N.E.2d 1343

THE DEPARTMENT OF TRANSPORTATION, Petitioner-Appellee, v. CATHOLIC DIOCESE OF BELLEVILLE, Defendant-Appellant.

Appellate Court of Illinois — Fifth District.

Opinion filed August 10, 1978.


Attorney(s) appearing for the Case

O'Connell & Waller, of Belleville (Paul P. Waller, Jr., of counsel), for appellant.

William J. Scott, Attorney General, of Chicago (Roy E. Frazier and Harry J. Sterling, Assistant Attorneys General, of counsel), for appellee.


Judgment affirmed.

Mr. JUSTICE JONES delivered the opinion of the court:

Defendant, Catholic Diocese of Belleville, appeals from a judgment rendered for petitioner, the Department of Transportation, in an eminent domain proceeding. The parties settled all issues prior to trial by agreement except the issue of damage to the remainder of defendant's property caused by traffic noise and fumes. General and special jury verdicts found that defendant was not entitled...

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