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COUNTY OF DE KALB v. SMITH

No. 2-90-0323.

572 N.E.2d 379 (1991)

213 Ill. App.3d 775

157 Ill.Dec. 310

The COUNTY OF DE KALB, Plaintiff-Appellee, v. Robert I. SMITH et al., Defendants-Appellants (Fabian S. Aita, as Trustee et al., Defendants).

Appellate Court of Illinois, Second District.

May 15, 1991.

Attorney(s) appearing for the Case

Scott A. Kracen, Sycamore, for Robert I. and Betsy W. Smith.

Michael P. Coghlan, De Kalb County State's Atty., William L. Browers, Deputy Director, State's Attys. Appellate Prosecutor, and Barbara A. Chasnoff (argued), Chicago, for County of De Kalb.

Justice UNVERZAGT delivered the opinion of the court:

Defendants, Robert I. Smith and his wife, Betsy W. Smith, contest in this appeal the authority of the County of De Kalb to condemn two adjoining parcels of land owned by them in the county seat, Sycamore, Illinois, for parking lot purposes. The remaining defendants listed have secondary mortgage or trust rights in the subject property but are not involved in this appeal. After the Smiths' amended traverse and motion...

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