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CITY OF CARBONDALE v. YEHLING

No. 56984.

96 Ill.2d 495 (1983)

451 N.E.2d 837

THE CITY OF CARBONDALE, Appellant, v. VIOLET MAE YEHLING et al., Appellees.

Supreme Court of Illinois.

Opinion filed June 9, 1983.

Attorney(s) appearing for the Case

James R. Zimmer, of Carbondale, for appellant.

Don E. Prosser, of Kimmel, Huffman, Prosser & Kimmel, Ltd., of Carbondale, for appellees Jack C. Atwood et al.

John Speroni, of Garrison & Garrison, of Marion, for appellees W.E. Kimmel and Euline Kimmel.

Judgment affirmed.

JUSTICE CLARK delivered the opinion of the court:

On March 18, 1982, the city of Carbondale filed several petitions for condemnation in the circuit court of Jackson County. Defendants Mary Lou Atwood and Atwood Drugs, Inc., filed a motion to dismiss and traverse asserting that the city of Carbondale lacked legislative authority to acquire the premises sought to be taken under sections 11-74.3-4 and 11-74.4-3 of the Illinois Municipal Code...

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