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ILLINOIS STATE HY. AUTH. v. DiBENEDETTO

No. 1-94-3924.

655 N.E.2d 1085 (1995)

275 Ill.App.3d 400

211 Ill.Dec. 702

The ILLINOIS STATE TOLL HIGHWAY AUTHORITY, an Instrumentality and Administrative Agency of the State of Illinois, Petitioner-Appellant, v. Patrick V. DiBENEDETTO and Ann DiBenedetto, His Wife as Joint Tenant, Defendants-Appellees.

Appellate Court of Illinois, First District, Sixth Division.

September 8, 1995.

Attorney(s) appearing for the Case

Brian L. Crowe, Mara S. Georges, Special Assistant Attorney Generals of the Illinois State Toll Highway Authority (Katherine L. Lee and Algirdas P. Ambutas of the Illinois State Toll Highway Authority, Downers Grove, of counsel) for appellant.

Earl L. Neal and Associates, Chicago (Michael D. Leroy, Langdon D. Neal and Norman Light, of counsel), for appellees.

Justice EGAN delivered the opinion of the court:

The Illinois State Toll Highway Authority (Authority) appeals from an order dismissing its petition to condemn property consisting of nine acres of unimproved land (the property) located at the southeast corner of Beverly Road, Cook County, Illinois and the Northwest Tollway (I-90) and adjacent to the Tollway. The property is owned by the defendants, Patrick and Ann DiBenedetto, and was needed to complete the construction...

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