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PEOPLE EX REL. DEPT. OF TRANSP. v. KOTARA

No. 3-07-0502.

884 N.E.2d 1235 (2008)

379 Ill. App.3d 276

The PEOPLE ex rel. The DEPARTMENT OF TRANSPORTATION, Plaintiff-Appellee, v. KOTARA, L.L.C., and Braidkot, Ltd., Defendants-Appellants (Super Valu, Inc., Claypool Drainage and, Levee District, Great Lakes Bank, N.A., Nonrecord Claimants and Unknown Owners, Generally, Defendants).

Appellate Court of Illinois, Third District.

February 29, 2008.

Attorney(s) appearing for the Case

Lenny D. Asaro (argued), Langdon Neal, Richard F. Friedman, Neal & Leroy, LLC, Chicago, for Kotara, LLC.

Lisa Madigan, Attorney General, Sharon Eiseman, Assistant Attorney General, Amanda J. Ripp, Vincent D. Pinelli (argued), Burke Burns & Pinelli, Chicago, for The Department of Transportation of the State of Illinois.

Justice WRIGHT delivered the opinion of the court:

On March 7, 2007, the Illinois Department of Transportation (IDOT) brought suit against defendant property owners, Kotara, L.L.C., and Braidkot, Ltd. (hereinafter defendant), and other interested parties1 to condemn certain real estate under the state's eminent domain power in connection with plans to improve State Route 113 in Will County. IDOT subsequently moved for immediate vesting...

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