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CITY OF FREEPORT v. FULLERTON LUMBER CO.

No. 80-523.

98 Ill. App.3d 218 (1981)

423 N.E.2d 924

THE CITY OF FREEPORT, Plaintiff-Appellee, v. FULLERTON LUMBER COMPANY, Defendant-Appellant.

Appellate Court of Illinois — Second District.

Rehearing denied August 11, 1981.

Attorney(s) appearing for the Case

William B. Powell, of Reno, Zahm, Folgate, Skolrood, Lindberg & Powell, of Rockford, for appellant.

John G. Garrity, Corporation Counsel, of Freeport, for appellee.

Affirmed in part, and reversed and remanded in part.

Mr. JUSTICE HOPF delivered the opinion of the court:

This is an appeal by the defendant Fullerton Lumber Co. (hereinafter referred to as Fullerton) from a condemnation proceeding brought by the City of Freeport. An ordinance passed by the City of Freeport (hereinafter referred to as City) authorized the acquisition of title to certain real estate in order to accommodate the widening and improvement of Armstrong...

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