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DEPARTMENT OF TRANSP. v. ANDERSON

No. 3-07-0877.

892 N.E.2d 116 (2008)

DEPARTMENT OF TRANSPORTATION, State of Illinois, Plaintiff-Appellee, v. Leroy W. ANDERSON, Defendant-Appellant, and Speedway Superamerica LLC, a Delaware limited liability company, as successor to Emro Marketing Company, a Delaware corporation; Edward T. O'Connor, III, Peoria County Treasurer; Unknown Owners and Nonrecord Claimants, Defendants-Appellees.

Appellate Court of Illinois, Third District.

July 8, 2008.

Attorney(s) appearing for the Case

Paul A. Lewis (argued) Miller, Hall & Triggs, Peoria, IL, for Appellant.

Lisa Madigan, Atty. Gen., Chicago, Jeremy H. Heiple (argued), Heiple Law Offices, Peoria, Michael J. Luke, Senior Asst. Atty. Gen., Springfield, Frank W. Ierulli, John K. Kim, Howard & Howard, Kevin W. Lyons, State's Atty., Peoria, IL, for Appellee.

Justice LYTTON delivered the opinion of the court:

Plaintiff Illinois Department of Transportation (Department) filed a complaint for condemnation of a parcel of property owned by defendant Speedway Superamerica LLC (Speedway). Speedway and defendant Leroy Anderson, as an interested party, filed a traverse and motion to dismiss, which the trial court denied. On appeal, Anderson contends that the trial court's quick-take order must be reversed because the Department...

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