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DEPARTMENT OF TRANSP. v. TUCKER

No. 3-05-0277.

853 N.E.2d 749 (2006)

The DEPARTMENT OF TRANSPORTATION of the State of Illinois, Plaintiff-Appellee, v. Stanley L. TUCKER, as Trustee under the provisions of Paragraph Seven of the Last Will of Leo Harrison, deceased, and Larry Post, Defendants-Appellants.

Appellate Court of Illinois, Third District.

June 13, 2006.

Attorney(s) appearing for the Case

Stanley L. Tucker (argued), appellant pro se.

Lisa Madigan, Attorney General, Chicago, Gary E. Barnhart (argued), Special Assistant Attorney General, Canton, Matthew A. Hutmacher, Special Assistant Attorney General, Quincy, Michael J. Luke, Senior Assistant Attorney General, Springfield, for Appellee.

Justice HOLDRIDGE delivered the opinion of the court:

The Illinois Department of Transportation (IDOT) filed a condemnation complaint regarding property over which Tucker was trustee. IDOT also moved for immediate vesting of title under the "Quick-take" statute (735 ILCS 5/7-103 (West 2000)). Tucker then filed a traverse, alleging that IDOT had failed to negotiate in good faith as required by law. The basis of his allegation was IDOT's refusal, during the negotiation...

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