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DEPT. OF CONSERVATION v. COX

No. 80-129.

95 Ill. App.3d 1126 (1981)

420 N.E.2d 1061

THE DEPARTMENT OF CONSERVATION, Petitioner-Appellant, v. KIM CARROLL COX et al., Defendants. — (KIM CARROLL COX, Defendant-Appellee.)

Appellate Court of Illinois — Fifth District.

Opinion filed April 23, 1981.

Attorney(s) appearing for the Case

William J. Scott, Attorney General, of Chicago (William J. Warmoth, Special Assistant Attorney General, and Roy E. Frazier, Jr., Assistant Attorney General, of counsel), for appellant.

Frank J. Weber, of Cox, Phillips & Weber, P.C., of Robinson, for appellee.

Judgment affirmed.

Mr. JUSTICE JONES delivered the opinion of the court:

The Department of Conservation of the State of Illinois sought by eminent domain to take the private property here involved for the public purpose of creating a nature preserve. To that end it filed a petition for condemnation on September 20, 1974. On March 10, 1980, the trial court granted the motion of defendant, Kim Carroll Cox, to...

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