DEPARTMENT OF TRANSP. v. 151 INTERSTATE RD.

No. 2-01-0870.

777 N.E.2d 369 (2002)

333 Ill. App.3d 821

267 Ill.Dec. 566

The DEPARTMENT OF TRANSPORTATION ex rel. PEOPLE of the State of Illinois, Plaintiff-Appellee, v. 151 INTERSTATE ROAD CORPORATION; Jane A. Green, as Trustee under Provisions of a Trust Agreement dated July 17, 1968, and known as the Jane A. Green Revocable Trust, as to an undivided one-half Interest, and as Trustee of the Nonexempt Marital Trust under the Edward H. Green Revocable Trust, U/A/D July 17, 1968, as to an undivided one-half interest; and Edward H. Green, Jr., as Successor Trustee under the Provisions of a Trust Agreement dated July 17, 1968, and known as the Jane A. Green Revocable Trust, as to an undivided one-half Interest, and as Successor Trustee of the Nonexempt Marital Trust under the Edward H. Green Revocable Trust U/A/D July 17, 1968, as to an undivided one-half interest, Defendants-Appellants.

Appellate Court of Illinois, Second District.

Supplemental Opinion Upon Denial of Rehearing September 20, 2002.


Attorney(s) appearing for the Case

Robert J. Pugliese, Hugh C. Griffin, Hugh S.Balsam, Sarah H. Dearing, Lord, Bissell & Brook, Chicago, for 151 Interstate Road Corporation and Edward H. Green, Jr.

Anthony J. Casale, Civinelli & Casale, Bloomingdale, Richard A. Redmond, McBride, Baker & Coles, Chicago, for the Illinois Department of Transportation.

Scott M. Day, Rachel K. Robert, Day & Robert, P.C., Naperville, for amicus curiae Forest Preserve District of DuPage County.


Justice GROMETER delivered the opinion of the court:

Plaintiff, the Illinois Department of Transportation (IDOT), brought an action seeking to condemn portions of certain properties held by defendants, 151 Interstate Road Corporation and Jane A. Green as trustee and Edward H. Green, Jr., as successor trustee of two revocable trusts. Defendants responded by filing a traverse and motion to dismiss the condemnation complaint. Late in July 2001, following an evidentiary...

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