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DEPARTMENT OF TRANSP. v. CALLENDER CONST.

No. 4-98-0184.

711 N.E.2d 1199 (1999)

305 Ill. App.3d 396

238 Ill.Dec. 538

The DEPARTMENT OF TRANSPORTATION OF the STATE OF ILLINOIS, for and in behalf of the People of the State of Illinois, Plaintiff-Appellee, v. CALLENDER CONSTRUCTION COMPANY, an Illinois Corporation, Defendant-Appellant.

Appellate Court of Illinois, Fourth District.

Decided May 28, 1999.

Attorney(s) appearing for the Case

William E. Lowry, Pittsfield, Forrest G. Keaton (argued), Rammelkamp, Bradney, Kuster, Keaton, Fritsche & Lindsay, Jacksonville, for Callender Construction Company.

James E. Ryan, Attorney General, Michael J. Luke, Senior Assistant Attorney General, Springfield, Gary E. Barnhart, Special Assistant Attorney General (argued), Canton, for Department of Transportation.

Justice KNECHT delivered the opinion of the court:

In January 1991, plaintiff, the Department of Transportation of the State of Illinois (Department or IDOT), by virtue of its power of eminent domain, filed a complaint for condemnation seeking to condemn property of defendant landowner, Callender Construction Company. In May 1991, defendant filed a motion to dismiss and traverse, alleging lack of necessity and statutory authority for the taking. In November 1993,...

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