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DEPARTMENT OF TRANSP. v. 151 INTERSTATE RD.

No. 95042.

810 N.E.2d 1 (2004)

209 Ill.2d 471

284 Ill.Dec. 348

The DEPARTMENT OF TRANSPORTATION ex rel. The PEOPLE of the State of Illinois, Appellant, v. 151 INTERSTATE ROAD CORPORATION et al., Appellees.

Supreme Court of Illinois.

As Modified Upon Denial of Rehearing April 15, 2004.

Attorney(s) appearing for the Case

Lisa Madigan, Attorney General, Springfield, Richard A. Redmond, Steffanie N. Garrett, Michele E. Sibley Gonzales, of Holland & Knight, L.L.P., Special Assistant Attorneys General, Chicago, for appellant.

Robert J. Pugliese, Hugh C. Griffin, Hugh S. Balsam, of Lord, Bissell & Brook, L.L.P., Chicago, for appellees.

Scott M. Day, Rachel K. Robert, of Day & Robert, P.C., Robert G. Black, Naperville, for amicus curiae Forest Preserve District of Du Page County.

Justice RARICK delivered the opinion of the court:

This condemnation action presents a question of law on which our appellate court is divided: May a condemning authority's good faith in negotiating with a property owner be challenged in an interlocutory appeal brought pursuant to section 7-104(b) of the Eminent Domain Act (735 ILCS 5/7-104(b) (West 2000))?

The Fifth District of the appellate court was the first to consider the question. It answered in the...

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