DEPARTMENT OF TRANSP. EX REL. PEOPLE v. HUNZIKER

Nos. 3-02-0525, 3-02-0553.

796 N.E.2d 122 (2003)

342 Ill. App.3d 588

277 Ill.Dec. 407

The DEPARTMENT OF TRANSPORTATION, for and in behalf of The PEOPLE of the State of Illinois, Plaintiff-Appellee, v. Dale K. HUNZIKER, as Trustee of the Barbara J. Hunziker Family Trust Dated October 10, 1999, Defendant-Appellant (Melinda Woskow Mayani, as Trustee of the Melinda Mayani Trust, established under the Last Will and Testament of Ann Woskow dated April 9, 2001; Burger King Corporation, a Florida Corporation; John Drury; Charles R. McLochlin; Norbert J. Lukas; Richard O. Deignan; Robert Deignan; Fredrick W. Kaufman; Robert S. Cohen; First American Bank, f/k/a Commercial National Bank as Trustee of Trust No. 130-01908002, as Trustee of Trust No. 66-7792-0 and as Trustee of Trust No. 66-8033, n/k/a National City, a Banking Corporation; TPC-CHI, Inc., f/k/a Chart House, Inc., a Delaware Corporation; Talman Home Federal Savings and Loan Association of Illinois, n/k/a LaSalle Bank, N.A., a National Banking Association; Edward T. O'Connor, Peoria County Treasurer; and Unknown Owners and Non-Record Claimants, Defendants). The Department of Transportation, for and in behalf of The People of the State of Illinois, Plaintiff-Appellee, v. Dale K. Hunziker, as Trustee of the Barbara J. Hunziker Family Trust Dated October 10, 1999, Defendant-Appellant (A.A. Green, Trustee under Trust No. 66-7792-0; Denny's, Inc., a California Corporation; Central Dining, Inc., an Illinois Corporation; Melinda Woskow Mayani, as Trustee of the Melinda Mayani Trust, established under the Last Will and Testament of Ann Woskow dated April 9, 2001; Burger King Corporation, a Florida Corporation; John Drury; Charles R. McLochlin; Norbert J. Lukas; Richard O. Deignan; Robert Deignan; Fredrick W. Kaufman; Robert S. Cohen; First American Bank, f/k/a Commercial National Bank as Trustee of Trust No. 130-01908002, as Trustee of Trust No. 66-7792-0 and as Trustee of Trust No. 66-8033, n/k/a National City, a Banking Corporation; TPC-CHI, Inc., f/k/a Chart House, Inc., a Delaware Corporation; Talman Home Federal Savings and Loan Association of Illinois, n/k/a Lasalle Bank, N.A., a National Banking Association; Edward T. O'Connor, Peoria County Treasurer; Professional Realty Services, Ltd.; South Side Trust & Savings Bank of Peoria, a Banking Corporation; and Unknown Owners and Non-Record Claimants, Defendants).

Appellate Court of Illinois, Third District.

Supplemental Opinion Upon Denial of Rehearing filed September 10, 2003.


Attorney(s) appearing for the Case

Mark D. Walton (argued), Gregory A. Hunziker, Hunziker & Walton, L.L.C., Peoria, for Dale K. Hunziker.

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

Kevin W. Lyons, State's Attorney, Peoria, for Peoria County Treasurer.

John S. Elias, Elias, Meginnes, Riffle & Seghetti, Peoria, for A.A. Green, Trustee Under Trust No. 66-7792-0.

Bagley & Miller, Pekin, for Central Dining, Inc.

Joseph B. VanFleet, Law Office of Joseph B. VanFleet, L.L.C., Peoria, for Melina Woscow Mayani, Trustee.

Roy G. Davis, Davis & Campbell, Peoria, for Drury Management, Inc.


Justice SLATER delivered the opinion of the court:

Plaintiff Department of Transportation (the Department) filed complaints for condemnation of two contiguous parcels of property (the property) owned by defendant Dale Hunziker. The other defendants also have an ownership or other interest in the property. Hunziker filed a traverse and motion to dismiss each complaint which the trial courts denied. On appeal Hunziker contends that the Department was required to disclose...

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