DEPT. OF TRANSPORTATION v. SCHLECHTE

No. 79-140.

94 Ill. App.3d 187 (1981)

418 N.E.2d 1000

THE DEPARTMENT OF TRANSPORTATION, Petitioner-Appellant, v. HARRY SCHLECHTE et al. (ENGELKE, INC.), Respondents-Appellees.

Appellate Court of Illinois — Fifth District.

Rehearing denied April 16, 1981.


Attorney(s) appearing for the Case

William J. Scott, Attorney General, of Springfield (Roy E. Frazier, Jr., Assistant Attorney General, and Steven N. Mottaz, Special Assistant Attorney General, of counsel), for appellant.

Reed, Armstrong, Gorman & Coffey, of Edwardsville (James E. Gorman, of counsel), for appellees.


Reversed and remanded.

Mr. JUSTICE HARRISON delivered the opinion of the court:

The Illinois Department of Transportation filed its original petition for condemnation in this matter on February 22, 1972, pursuant to its authority under the Illinois Highway Code (Ill. Rev. Stat. 1969, ch. 121, pars. 4-101 through 4-508). Its purpose was to acquire certain land belonging to the respondents in order to make improvements along a section of old U.S. Route 66 situated...

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