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DEPARTMENT OF TRANSP. v. CHICAGO TITLE & TRUST CO.

No. 1-97-3703.

707 N.E.2d 637 (1999)

303 Ill. App.3d 484

236 Ill.Dec. 510

The DEPARTMENT OF TRANSPORTATION, Plaintiff-Appellant, v. CHICAGO TITLE AND TRUST COMPANY, as Trustee Under Trust Agreement Dated August 28, 1975, and known as Trust No. 1066693, by Virtue of its Status as Record Owner, Boulevard National Bank Association, as Trustee Under Trust Agreement Dated August 15, 1988 and known as Trust No. 8767, by Virtue of its Status as Contract Purchaser Dated August 15, 1988, as Document The Starview Drive-in Theater, by Virtue of its Status as Taxpayer and Possessor of Land, and Unknown Owners, Defendants-Appellees.

Appellate Court of Illinois, First District, Sixth Division.

February 5, 1999.

Attorney(s) appearing for the Case

Deutsch, Levy & Engel, Chartered, Chicago (Michael J. Devine, Thomas W. Goedert and James E. O'Halloran, as Special Asst. Attys. Gen. for and on behalf of James E. Ryan, Atty. Gen. for the State of Illinois, of counsel), for appellant.

Righeimer, Martin & Cinquino, P.C., Chicago (Leo N. Cinquino and Celeste P. Cinquino, of counsel), for appellees.

Justice QUINN delivered the opinion of the court:

The Department of Transportation of the State of Illinois (IDOT) appeals from a denial of its motion for judicial declaration of whole property and its motion for reconsideration. IDOT also appeals from a jury verdict awarding Chicago Title and Trust Company (Chicago Title), as trustee under trust No. 1066693, damages for a certain parcel of property it held in trust which...

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