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PATZNER v. BAISE

No. 68007.

133 Ill.2d 540 (1990)

552 N.E.2d 714

DELBERT M. PATZNER, Appellant, v. GREGORY W. BAISE, Secretary of Transportation of the State of Illinois, Appellee.

Supreme Court of Illinois.

Rehearing denied April 9, 1990.

Attorney(s) appearing for the Case

William P. Fearer II, and Elizabeth A. Hegel, of Fearer, Nye, Ahlberg & Chadwick, of Oregon, for appellant.

Neil F. Hartigan, Attorney General, of Springfield (Robert J. Ruiz, Solicitor General, and Michael J. Luke, Assistant Attorney General, both of Springfield, and James E. Dixon, of Dixon, Special Assistant Attorney General, of counsel), for appellee.

Judgment affirmed.

JUSTICE WARD delivered the opinion of the court:

The plaintiff, Delbert M. Patzner, appeals from the appellate court's reversal of the issuance of a writ of mandamus by the circuit court of Ogle County directing the defendant, Gregory W. Baise, the Illinois Secretary of Transportation, to institute eminent domain proceedings. (175 Ill.App.3d 818.) We granted the plaintiff's petition for...

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