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DEPARTMENT OF TRANSP. v. DRURY DISPLAYS

No. 5-99-0567.

764 N.E.2d 166 (2002)

327 Ill. App.3d 881

261 Ill.Dec. 875

The DEPARTMENT OF TRANSPORTATION, Plaintiff-Appellant and Cross-Appellee, v. DRURY DISPLAYS, INC., Defendant-Appellee and Cross-Appellant (National Advertising Company, Defendant-Appellee).

Appellate Court of Illinois, Fifth District.

Rehearing Denied March 12, 2002.

Attorney(s) appearing for the Case

Robert E. Becker, Kevin T. Hoerner, Becker, Paulson & Hoerner, P.C., Belleville, for Appellant.

Thomas B. Weaver, Cynthia A. Sciuto, Armstrong Teasdale LLP, for Drury Displays, Inc.

Caroline L. Hermeling, Kathryn M. Koch, Husch & Eppenberger, LLC, for National Advertising Company.

Harry J. Sterling Harry J. Sterling, P.C., Fairview Heights, Mid-America Advertising, Inc.—Amicus Curiae brief filed in support of appellees' position.

Justice WELCH delivered the opinion of the court:

This case involves the extent of a taking in condemnation and the nature of compensation. The ultimate issue on appeal is whether the plaintiff, the Illinois Department of Transportation (the Department), an agency of the State, took the defendants' outdoor advertising signs in addition to the defendants' leasehold interests, to be used in a road construction project. The...

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