GORDON v. DEP'T OF TRANSPORTATION

No. 82-46.

109 Ill. App.3d 1071 (1982)

441 N.E.2d 904

JOHN J. GORDON et al., Plaintiffs-Appellees, v. THE DEPARTMENT OF TRANSPORTATION, Defendant-Appellant.

Appellate Court of Illinois — Second District.

Rehearing denied December 1, 1982.


Attorney(s) appearing for the Case

Tyrone C. Fahner, Attorney General, of Springfield (Karl Yost and Roy E. Frazier, Jr., Assistant Attorneys General, of counsel), for appellant.

William A. Kelly, of Nack, Richardson & Kelly, of Galena, for appellees.


Judgment reversed.

JUSTICE REINHARD delivered the opinion of the court:

The Department of Transportation of the State of Illinois (department) appeals from a judgment of the circuit court of Carroll County ordering the issuance of a writ of mandamus compelling the department to commence condemnation proceedings with regard to certain property alleged in the petition for a writ of mandamus to be owned by plaintiffs John J. Gordon and John F. Gordon...

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