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DEPT. v. SUNNYSIDE PARTNERSHIP

No. 5-02-0434.

785 N.E.2d 1018 (2003)

337 Ill. App.3d 322

271 Ill.Dec. 824

The DEPARTMENT OF TRANSPORTATION, Plaintiff-Appellee, v. The SUNNYSIDE PARTNERSHIP, L.P., Defendant-Appellant.

Appellate Court of Illinois, Fifth District.

February 20, 2003.

Attorney(s) appearing for the Case

Barry Levenstam, Jeremy M. Taylor, John W. Joyce, Jenner & Block, LLC, Chicago; Daniel Schattnik, Unsell, Unsell, Schattnik & Hale, East Alton, for Appellant.

Philip B. Alfeld, Special Assistant Attorney General, Alton; M. Joseph Hill, Special Assistant Attorney General, Edwardsville; Michael J. Luke, Senior Assistant Attorney General, Springfield, for Appellee.

Justice KUEHN delivered the opinion of the court:

By Supreme Court Rule 307(a)(7) (166 Ill.2d R. 307(a)(7)), The Sunnyside Partnership, L.P. (Sunnyside), files this interlocutory appeal as of right from the trial court's June 7, 2002, order finding that the Illinois Department of Transportation (IDOT) has the authority to exercise the right of eminent domain over property owned by Sunnyside, that Sunnyside's property is subject to IDOT's exercise of eminent domain...

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