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SOUTHWESTERN ILL. DEVELOPMENT AUTH. v. NCE

No. 5-98-0263.

710 N.E.2d 896 (1999)

304 Ill. App.3d 542

238 Ill.Dec. 99

SOUTHWESTERN ILLINOIS DEVELOPMENT AUTHORITY, Plaintiff-Appellee, v. NATIONAL CITY ENVIRONMENTAL, L.L.C., and St. Louis Auto Shredding Company, Defendant-Appellants, and Unknown Owners, Defendants.

Appellate Court of Illinois, Fifth District.

April 29, 1999.

Attorney(s) appearing for the Case

Jerold S. Solovy, Barry Levenstam, Jeff S. Pitzer, Jeremy M. Taylor, Jenner & Block, Chicago; Daniel Schattnik, Unsell, Unsell, Schattnik & Hale, East Alton; Sharon S. Costa, Mt. Vernon, for Appellants.

Harry J. Sterling, Harry J. Sterling, P.C., Fairview Heights; Robert Becker, Becker, Paulson & Hoerner, P.C., Belleville, for Appellee.

Justice CHAPMAN delivered the opinion of the court:

National City Environmental, L.L.C. (NCE), and St. Louis Auto Shredding Company (St. Louis Auto) appeal from the circuit court's decision that approved an eminent-domain quick-take action brought by Southwestern Illinois Development Authority (SWIDA). NCE and St. Louis Auto raise five arguments on appeal: (1) SWIDA lacks the constitutional authority to take NCE's land and convey it to a private party for private...

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