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MAGNA TRUST CO. v. DEPARTMENT OF TRANSP., DIV. OF WATER RESOURCES

No. 5-91-0418.

600 N.E.2d 1317 (1992)

234 Ill. App.3d 1068

175 Ill.Dec. 859

MAGNA TRUST COMPANY, as Trustee Under Trust # 6656, Plaintiff-Appellee, v. DEPARTMENT OF TRANSPORTATION, DIVISION OF WATER RESOURCES; Greg Baise, Secretary of Department of Transportation, State of Illinois; and Michael P. Lane, Successor to Greg Baise as Secretary of Department of Transportation, State of Illinois, Defendants-Appellants.

Appellate Court of Illinois, Fifth District.

October 2, 1992.

Attorney(s) appearing for the Case

Roland W. Burris, Atty. Gen., State of Ill. and Rosalyn B. Kaplan, Sol. Gen., Chicago, for defendants-appellants; Daniel N. Malato, Asst. Atty. Gen., of counsel.

Harry J. Sterling, Harry J. Sterling, P.C., Fairview Heights, for plaintiff-appellee.

Justice HARRISON delivered the opinion of the court:

Plaintiff, Magna Trust Company as Trustee under Trust # 6656 (hereinafter referred to as the Trustee), brought a civil rights action in the circuit court of St. Clair County pursuant to 42 U.S.C.A. § 1983 (West 1981). The purpose of that action was to compel the Illinois Department of Transportation (IDOT) to specifically perform certain contractual obligations imposed by an agreement governing its temporary...

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