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DEPARTMENT OF TRANSP. v. EAST SIDE DEV.

No. 3-07-0439.

892 N.E.2d 136 (2008)

The DEPARTMENT OF TRANSPORTATION, Plaintiff-Appellant, v. EAST SIDE DEVELOPMENT, L.L.C., and Adams Outdoor Advertising, Inc., Defendants-Appellees.

Appellate Court of Illinois, Third District.

Rehearing Denied August 15, 2008.

Attorney(s) appearing for the Case

Lisa Madigan, Attorney General, Chicago, Michael J. Luke, Senior Assistant Attorney General, Springfield, Valerie Moehle Umholtz (argued), Pekin, for Department of Transportation.

Craig L. Unrath, Timothy L. Bertschy (argued), Greg Rastatter, Karen L. Kendall, Heyl, Royster, Voelker & Allen, Peoria, for Adams Outdoor Advertising, Inc.

Clayton W. Moushon, East Peoria, for East Side Development, L.L.C.

Caroline L. Hermeling, JoAnn T. Sandifer, Husch Blackwell Sanders LLP, St. Louis, MO, for Lamar Advertising Company.

Harry J. Sterling, Sterling & Dowling, P.C., Fairview Heights, for Amicus Curiae.

Justice O'BRIEN delivered the opinion of the court:

Plaintiff Illinois Department of Transportation (IDOT) initiated this eminent domain action to condemn property owned by defendant East Side Development (East Side) on which a billboard owned by defendant Adams Outdoor Advertising (Adams) was erected. IDOT filed a motion in limine concerning appraisal evidence and valuation methodology regarding the compensation for the billboard. The trial court denied IDOT...

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