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PEOPLE EX REL. DEPT. OF TRANSP. v. FANSLER

No. 17044.

103 Ill. App.3d 149 (1982)

430 N.E.2d 741

THE PEOPLE ex rel. THE DEPARTMENT OF TRANSPORTATION, Plaintiff-Appellant, v. PAUL FANSLER, Defendant-Appellee and Third-Party Plaintiff. — (FLOYD FUNK, Third-Party Defendant.)

Appellate Court of Illinois — Fourth District.

Opinion filed January 8, 1982.

Attorney(s) appearing for the Case

Tyrone C. Fahner, Attorney General, of Chicago (Edward M. Kay, Assistant Attorney General, of counsel), for appellant.

McDonald, Strickland & Clough, of Carrollton (Hugh A. Strickland, of counsel), for appellee.

Reversed and remanded.

JUSTICE LONDRIGAN delivered the opinion of the court:

The Department of Transportation obtained an injunction ordering Fansler to remove portions of a levee that is on his farmland. In one section the levee forms an angle: one line extends northwest from the vertex and the other line goes west. Intending to order the removal of the northwest line, the trial judge instead entered an order mistakenly directing Fansler to remove the northeast...

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