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PATZNER v. BAISE

No. 2-88-0174.

175 Ill. App.3d 818 (1988)

530 N.E.2d 588

DELBERT M. PATZNER, Petitioner-Appellee, v. GREGORY W. BAISE, Secretary of the Department of Transportation, et al., Respondents-Appellants.

Appellate Court of Illinois — Second District.

Opinion filed November 1, 1988.

Attorney(s) appearing for the Case

Neil F. Hartigan, Attorney General, of Springfield (Shawn W. Denney and Robert J. Ruiz, Solicitors General, and Rosalyn B. Kaplan, Assistant Attorney General, of Chicago, Michael Luke, Assistant Attorney General, of Springfield, and James E. Dixon, of Dixon, of counsel), for appellants.

William P. Fearer II, of Fearer, Nye, Ahlberg & Chadwick, and Williams & McCarthy, both of Oregon (Elizabeth A. Hegel, of counsel), for appellee.

Judgment reversed.

JUSTICE INGLIS delivered the opinion of the court:

Respondents, Gregory W. Baise, Secretary of the Department of Transportation of the State of Illinois, and the Department of Transportation of the State of Illinois (Department), appeal from the trial court's order issuing a writ of mandamus directing Baise to institute condemnation proceedings against property owned by petitioner, Delbert M. Patzner. The issue on appeal is whether...

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