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DEPT. OF PUBLIC WORKS BUILDINGS v. LEWIS

No. 32210.

411 Ill. 242 (1952)

103 N.E.2d 595

THE DEPARTMENT OF PUBLIC WORKS AND BUILDINGS, Appellant, v. H.L. LEWIS et al. — (ELLA WILSON PYLE et al., Appellees.)

Supreme Court of Illinois.

Opinion filed January 24, 1952.

Attorney(s) appearing for the Case

IVAN A. ELLIOTT, Attorney General, of Springfield, (W.T. DENNIS, of Harrisburg, and C.S. CONGER, of Carmi, of counsel,) for appellant.

PYLE & McCALLISTER, of Carmi, for appellees.

Reversed and remanded.

Mr. JUSTICE SCHAEFER delivered the opinion of the court:

The Department of Public Works and Buildings filed its petition in the circuit court of White County to condemn lands for widening and otherwise improving State Bond Issue Route No. 14. Defendants Ella Wilson Pyle and nine others, owners of part of the property sought to be condemned, filed a traverse and motion to dismiss, alleging a lack of necessity for the taking. The motion...

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