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DEPT. OF TRANSP. v. FARNSWORTH

No. 3-94-0720.

653 N.E.2d 423 (1995)

273 Ill.App.3d 631

210 Ill.Dec. 518

The DEPARTMENT OF TRANSPORTATION, ex rel. The PEOPLE of the State of Illinois, Plaintiff-Appellant, v. George L. FARNSWORTH, Jr., et al., Defendants-Appellees.

Appellate Court of Illinois, Third District.

July 18, 1995.

Attorney(s) appearing for the Case

Dale R. Potthoff, Sp. Asst. Atty. Gen., Peru, Robert W. Neirynck, Costigan & Wollrab, P.C., Bloomington, Michael J. Luke, Sr. Asst. Atty. Gen., Springfield, for Dept. of Transp., IDOT.

Wayne P. Coffelt, Fleming, Messman & O'Connor, Bloomington, for Leila M. Bane, Riva A. Hoff, Theo A. Brown, Harold L. Butters, Catherine Erickson, William Rundle, Lewis Rundle, George L. Farnsworth, Jr., Donald Rundle, Tressa Gagel, Lewis Gowen, George Farnsworth, J.L. Bane, Suzanne Middleton, Robert D. Oldenberg, Village of Rutland, Gary Pyle, H. Wayne Pyle, Terry Pyle, Thelma Reeser, Ruth Reeser, Richard Middleton, Wendy Van Fleet, Eugene Schinzel, Wagner Home Center.

William Zukosky, Urbana, Edward Zukosky, Wenona, for John A. Rupe.

Justice BRESLIN delivered the opinion of the court:

The plaintiff, Illinois Department of Transportation (IDOT), appeals from a judgment that fixed the amount of compensation for fill material taken from the defendant landowners in an eminent domain proceeding. The issue on appeal is whether the trial court erred by allowing the material to be valued according to the number of cubic yards taken, rather than as an element of the land upon which it sat. We hold that...

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