DEPARTMENT OF NATURAL RESOURCES v. BRAUER

No. 3-02-0098.

791 N.E.2d 120 (2003)

339 Ill. App.3d 723

274 Ill.Dec. 324

The DEPARTMENT OF NATURAL RESOURCES OF the STATE OF ILLINOIS, Plaintiff-Appellee, v. Joseph BRAUER, Lorraine, Brauer, Dennis J. Brauer, D.J. Brauer Construction Company, a Partnership, and Unknown Owners, Defendants-Appellants.

Appellate Court of Illinois, Third District.

May 22, 2003.


Attorney(s) appearing for the Case

Mark W. Damisch, John W. Damisch (argued), Sherry L. Vaughn, Damisch & Damisch, Ltd., Chicago, for Joseph Brauer.

James Ryan, Attorney General, Chicago, George F. Mahoney, III (argued), James A. Murphy, Mahoney, Silverman & Cross, Ltd., Joliet, for Department of Natural Resources of Illinois.


Presiding Justice McDADE delivered the opinion of the court:

This appeal arises out of a condemnation proceeding initiated against property owned by the defendants. During the 2½ years between the filing of the complaint and the adjudication of fair compensation and entry of judgment, the defendants sold utility easement rights on the property. After judgment, the State filed a motion for a setoff against the compensation award equal to the $35,000 the defendants...

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