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DEPARTMENT OF TRANSPORTATION v. RASMUSSEN

No. 81-691.

108 Ill. App.3d 615 (1982)

439 N.E.2d 48

THE DEPARTMENT OF TRANSPORTATION, Petitioner-Appellant and Cross-Appellee, v. CLARENCE D. RASMUSSEN et al., Defendants-Appellees and Cross-Appellants.

Appellate Court of Illinois — Second District.

Rehearing denied September 14, 1982.

Attorney(s) appearing for the Case

Tyrone C. Fahner, Attorney General, of Springfield (Frank M. Daly and Douglas R. Engel, Special Assistant Attorneys General, and Roy E. Frazier, Assistant Attorney General, of counsel), for appellant.

Edward T. Graham, P.C., of Glen Ellyn, for appellees.

Judgment vacated and cause remanded.

PRESIDING JUSTICE SEIDENFELD delivered the opinion of the court:

The Department of Transportation of the State of Illinois appeals from a judgment of $31,530 for damage to land not taken after a quick-take easement over part of defendants' property was granted in connection with construction of an overpass on State Route 51 in the City of Rochelle. (No appeal is taken from the award of $1800 for the easement.) The Department...

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