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DEPARTMENT OF TRANSP. v. KELLEY

No. 3-03-0282.

815 N.E.2d 1214 (2004)

352 Ill. App.3d 278

287 Ill.Dec. 411

DEPARTMENT OF TRANSPORTATION, State of Illinois, Plaintiff-Appellant, v. Mary A. KELLEY, as Trustee under a Trust Agreement dated the 1st day of July, 1975, and known as Trust Number 1, and Unknown Owners, Defendants-Appellees.

Appellate Court of Illinois, Third District.

September 10, 2004.

Attorney(s) appearing for the Case

Lisa Madigan, Attorney General, Robert W. Fioretti (argued), Leonard A. DesJardins, Fioretti, DesJardins & Reda, Ltd., Chicago, for Illinois Department of Transportation.

John E. Peterson (argued), Peterson Law Office, P.C., Plainfield, for Mary A. Kelley.

Justice LYTTON delivered the opinion of the court:

The Illinois Department of Transportation (IDOT) filed a complaint for condemnation against Mary Kelley, as Trustee under a land trust, to acquire 1.047 acres of land for the purpose of widening an intersection in Plainfield. Defendants' two appraisers valued different portions of land separately, claiming that the condemned acreage should not be subject to the unit rule of valuation. IDOT filed two pretrial motions...

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