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ILLINIOS ST. TOLL HWY. AUTH. v. HERITAGE STANDARD BANK AND TRUST CO.

No. 2-91-0165.

588 N.E.2d 386 (1992)

225 Ill. App.3d 567

167 Ill.Dec. 745

The ILLINOIS STATE TOLL HIGHWAY AUTHORITY, Plaintiff-Appellee, v. HERITAGE STANDARD BANK AND TRUST COMPANY, Trustee, Defendant-Appellant (Gallagher and Henry, Inc., Defendant).

Appellate Court of Illinois, Second District.

Rehearing Denied April 3, 1992.

Attorney(s) appearing for the Case

Leo N. Cinquino, Sandra L. Hebenstreit, Righeimer, Martin & Cinquino, P.C., Chicago, S. Louis Rathje, Rathje, Woodward, Dyer & Burt, Wheaton, for Heritage Standard Bank & Trust and Gallagher & Henry, Inc.

Roland W. Burris, Atty. Gen., Chicago, Stephen D. Helm (argued) Helm & Day, Naperville, Malcolm E. Erickson, Spec. Asst. Atty. Gen., Chief Counsel, IL State Toll Highway Authority, Oak Brook, David W. Krula, Law Offices of Helm & Day, Naperville, for Illinois State Toll Highway.

Justice DUNN delivered the opinion of the court:

This action arises from an eminent domain proceeding. Plaintiff, the Illinois State Toll Highway Authority, acquired property owned by the defendant through a quick-take proceeding. The amount of preliminary compensation exceeded the amount of final compensation awarded to the defendant. Defendant, Heritage Standard Bank, now appeals from the trial court order requiring defendant to pay interest on the amount of preliminary...

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