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LUPERINI v. COUNTY OF DU PAGE

No. 2-93-0438.

637 N.E.2d 1264 (1994)

265 Ill.App.3d 84

202 Ill.Dec. 528

Mario LUPERINI et al., Plaintiffs-Appellants, v. The COUNTY OF DU PAGE et al., Defendants-Appellees (Du Page County Department of Environmental Concerns, Defendant).

Appellate Court of Illinois, Second District.

July 22, 1994.

Attorney(s) appearing for the Case

Celeste P. Cinquino, Leo N. Cinquino, Sandra L. Hebenstreit, Righeimer, Martin & Cinquino, P.C., Chicago, for Mario and Filomena Luperini.

James E. Ryan, DuPage County State's Atty., Barbara A. Preiner, Supervisor of Appeals, DuPage Co. State's Atty. Office, Jane Hird Mitton, Asst. State's Atty., Wheaton, for County of Du Page.

Francis J. Leyhane, Condon & Cooke, Chicago, Allan C. Alongi, Hinsdale, for Downers Grove Tp. Highway Com'n.

Justice DOYLE delivered the opinion of the court:

Plaintiffs, Mario and Filomena Luperini, filed a complaint for a writ of mandamus in the circuit court of Du Page County against defendants, the County of Du Page (County), Du Page County Department of Environmental Concerns, and Downers Grove Township Highway Commission (Commission), seeking to compel the institution of condemnation proceedings. In their complaint, plaintiffs alleged that defendants' installation...

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