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DEPT. OF TRANSP v. DALZELL

No. 2-16-0911.

94 N.E.3d 1231 (2018)

2018 IL App (2d) 160911

The DEPARTMENT OF TRANSPORTATION, Plaintiff and Counterdefendant-Appellant, v. Darlene M. DALZELL, as Trustee Under Declaration of Trust Dated December 12, 1990; Ronald L. Dalzell, as Trustee Under Declaration of Trust Dated December 12, 1990; Unknown Owners; and Nonrecord Claimants, Defendants (Ronald L. Dalzell, as Trustee Under Declaration of Trust Dated December 12, 1990, Defendant and Counterplaintiff-Appellee).

Appellate Court of Illinois, Second District.

Opinion filed January 31, 2018.

Attorney(s) appearing for the Case

Lisa Madigan , Attorney General ( Nadine J. Wichern , Assistant Attorney General, of counsel), and Todd L. Lindquist , Special Assistant Attorney General, both of Chicago, for appellant.

Bryan P. Lynch , of Law Office of Bryan P. Lynch, P.C., of Chicago, for appellees.

OPINION

¶ 1 Plaintiff, the Illinois Department of Transportation (IDOT), brought a condemnation action under the Eminent Domain Act (Act) (735 ILCS 30/1-1-1 et seq. (West 2008)) and the Illinois Highway Code (605 ILCS 5/4-501 et seq. (West 2008)) to...

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