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DEPARTMENT OF TRANSPORTATION v. LAWLER

No. 82-220.

113 Ill. App.3d 105 (1983)

446 N.E.2d 863

THE DEPARTMENT OF TRANSPORTATION, Plaintiff-Appellant, v. WILLIAM S. LAWLER et al., Defendants-Appellees.

Appellate Court of Illinois — Third District.

Modified on denial of rehearing April 8, 1983.

Attorney(s) appearing for the Case

Tyrone C. Fahner, Attorney General, of Springfield (Raymond E. Meader, James R. Brumund, and Leo N. Cinquino, Special Assistant Attorneys General, of counsel), for appellant.

Timothy J. Rathbun and George E. Sangmeister, both of McKeown, Fitzgerald, Zollner, Buck, Sangmeister & Hutchison, and Albert H. Krusemark, Jr., both of Joliet, and Joseph J. Tryner, of Wilmington, for appellees

Reversed and remanded.

JUSTICE SCOTT delivered the opinion of the court:

This appeal arises from 10 separate petitions to condemn filed by the Department of Transportation to acquire land necessary to improve and widen existing State highways. In all 10 cases the land acquired included the underlying fee title for land already within the State highway right of way but for which fee title was vested in the adjoining...

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