TROTTER v. SPEZIO

No. 3-03-0747.

812 N.E.2d 577 (2004)

349 Ill.App.3d 959

285 Ill.Dec. 757

Bruce TROTTER, as the Highway Commissioner of the Goose Lake Township Road District, Grundy County, Illinois, Plaintiff-Appellee, v. Linda SPEZIO, Independent Executor of the Estate of Jayne R. Thompson, Deceased, and Unknown Owners, Defendants (David Phillips, Ann Holderman, and Linda Johnson, Defendants-Appellants).

Appellate Court of Illinois, Third District.

June 23, 2004.


Attorney(s) appearing for the Case

Eric B. Deobler (argued), White, Marsh, Anderson, Vickers & Deobler, Ottawa, for David Phillips.

Joshua S. Whitt (argued), Stuart L. Whitt, Whitt Law, Aurora, for Bruce Trotter.


Justice SCHMIDT delivered the opinion of the court:

This appeal involves issues and circumstances surrounding a local authority's attempt to exercise its eminent domain power. The plaintiff, Bruce Trotter (commissioner), acting in his capacity as the highway commissioner of the Goose Lake Township Road District, filed a complaint for condemnation of 2.541 acres located in Grundy County. The defendants are landowners having an interest in that parcel of land. Defendants...

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