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DEPARTMENT OF TRANSP. v. WHITE

No. 5-92-0466.

636 N.E.2d 1204 (1994)

264 Ill. App.3d 145

201 Ill.Dec. 772

The DEPARTMENT OF TRANSPORTATION of the State of Illinois, Plaintiff-Appellant, v. G.A. WHITE, as Trustee under a Trust Agreement dated the 7th day of April, 1981, known as the Double Cherry Land Trust; Bowman Tire Mart; Bank of Marion, an Illinois Banking Corporation; People's Bank of Marion, an Illinois Banking Corporation; Bruce A. Troutman, Treasurer of Williamson County, Illinois; and Unknown Owners, Defendants (Tom Parks; Nelda Thompson; Nelda Thompson, as Successor Trustee to G.A. White, as Trustee Under Trust Agreement dated the 7th day of April, 1991, known as the Double Cherry Land Trust; James W. Reed; Sonya R. Reed; Defendants-Appellees).

Appellate Court of Illinois, Fifth District.

Rehearing Denied August 1, 1994.

Attorney(s) appearing for the Case

William L. Broom III, Sp. Asst. Atty. Gen., Carbondale, Michael J. Luke, Senior Asst. Atty. Gen., Springfield, for appellant.

Paul Thomas Austin, Marion, for Tom Parks and Nelda Thompson.

Justice MAAG delivered the opinion of the court:

The plaintiff-appellant, the Department of Transportation of the State of Illinois (the Department), filed a complaint for condemnation against the defendants on May 2, 1988, to condemn 4.32 acres of Parcel No. 270. Its purpose was to acquire land belonging to the defendants in order to relocate and reconstruct F.A.P. Route 111 which is commonly known as Illinois Route 13 (hereinafter "Route 13"), which is located in...

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