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ROTHSCHILD v. BAISE

No. 5-86-0552.

157 Ill. App.3d 481 (1987)

510 N.E.2d 418

NATHAN M. ROTHSCHILD et al., Petitioners-Appellees, v. GREG BAISE, Secretary of the Department of Transportation, et al., Respondents-Appellants.

Appellate Court of Illinois — Fifth District.

Rehearing denied July 8, 1987.

Attorney(s) appearing for the Case

Neil F. Hartigan, Attorney General, of Springfield (Roma Jones Stewart, Solicitor General, of Chicago, Roy E. Frazier, Jr., Assistant Attorney General, of Springfield, and David R. Leggans and Paul R. Giamanco, Special Assistant Attorneys General, both of Mt. Vernon, of counsel), for appellant.

Mike Reed and William C. Loeffel, both of Crain, Cooksey & Veltman, Ltd., of Centralia, for appellees.

Order reversed.

JUSTICE HARRISON delivered the opinion of the court:

This case is before the court on a permissive interlocutory appeal pursuant to Supreme Court Rule 308 (87 Ill.2d R. 308). At issue is an order of the circuit court of Marion County which denied a motion to dismiss a count in petitioners' complaint seeking a writ of mandamus to compel respondent Greg Baise, Secretary of the Illinois Department of Transportation, to institute eminent...

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