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DOT EX REL. PEO. v. 1ST GALESBURG NAT'L BK.

Nos. 3-88-0585, 3-88-0590 cons.

189 Ill. App.3d 797 (1989)

545 N.E.2d 770

THE DEPARTMENT OF TRANSPORTATION ex rel. THE PEOPLE OF THE STATE OF ILLINOIS, Plaintiff-Appellee, v. FIRST GALESBURG NATIONAL BANK AND TRUST COMPANY, Defendant-Appellant (Federal Land Bank of St. Louis et al., Defendants). — THE DEPARTMENT OF TRANSPORTATION ex rel. THE PEOPLE OF THE STATE OF ILLINOIS, Plaintiff-Appellee, v. EFFIE GERALDINE TINKHAM, Defendant-Appellant (Federal Land Bank of St. Louis, Defendant).

Appellate Court of Illinois — Third District.

Opinion filed September 27, 1989.

Attorney(s) appearing for the Case

Barash, Stoerzbach & Henson, of Galesburg (Burrel Barash, of counsel), for appellants.

Flack, Kwacala, Murphy & Ashenhurst, of Macomb (A. Anthony Ashenhurst, of counsel), for appellee.

Reversed and remanded.

JUSTICE HEIPLE delivered the opinion of the court:

The plaintiff, the Illinois Department of Transportation (Department), filed a complaint for condemnation seeking to acquire fee simple title to the existing Route 34 right-of-way for which it already has a surface-only dedication, and, additionally, the fee simple title to strips of land adjacent to the existing right-of-way in order to widen the highway. The Department filed "quick...

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