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DEPARTMENT OF TRANSPORTATION v. SHAW

No. 74-408.

36 Ill. App.3d 972 (1976)

345 N.E.2d 153

THE DEPARTMENT OF TRANSPORTATION, Petitioner-Appellant, v. WILLIAM SHAW et al., Defendants-Appellees.

Appellate Court of Illinois — Fifth District.

Rehearing denied April 26, 1976.

Attorney(s) appearing for the Case

William J. Scott, Attorney General, of Springfield (Roy E. Frazier, Jr., and Ronald C. Mottaz, Assistant Attorneys General, of counsel), for appellant.

Durr and Durr, of Edwardsville, for appellees.

Reversed and remanded.

Mr. JUSTICE CARTER delivered the opinion of the court:

This is an appeal from an action of inverse condemnation. Pursuant to the mandate of a writ of mandamus issued July 30, 1971, the petitioner, the Department of Transportation of the State of Illinois, filed a condemnation petition on July 31, 1973. The parties disputed the purposes of this action. Defendants, William and Earlene Shaw, contended prior to trial that the question to...

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