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DEPT. OF TRANSP. v. NEW CENTURY ENG'R

No. 81-547.

106 Ill. App.3d 1098 (1982)

436 N.E.2d 225

THE DEPARTMENT OF TRANSPORTATION, Plaintiff-Appellee and Cross-Appellant, v. NEW CENTURY ENGINEERING AND DEVELOPMENT CORPORATION et al., Defendants-Appellants and Cross-Appellees.

Appellate Court of Illinois — Third District.

Rehearing denied July 1, 1982.

Attorney(s) appearing for the Case

John F. McClure, Arthur L. Klein, Morton M. Steinberg, and Adele Rapport, all of Arnstein, Gluck & Lehr, of Chicago, for appellants.

Tyrone C. Fahner, Attorney General, of Joliet (Wayne R. Johnson, Thomas R. Wilson, and Raymond Meader, Assistant Attorneys General, of counsel), for appellee.

Affirmed in part and reversed in part.

JUSTICE HEIPLE delivered the opinion of the court:

The instant appeal evolves from an eminent domain proceeding. In 1973, the Department of Transportation of the State of Illinois filed a petition to condemn 7.55 acres of land owned by New Century Engineering and Development Corporation and subject to a mortgage held by James Talcott, Inc. The State desired immediate acquisition of the property. Rather than awaiting a...

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