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DEPT. OF CONSERVATION v. HAROLD'S FARM, INC.

No. 77-379.

68 Ill. App.3d 148 (1978)

385 N.E.2d 1097

THE DEPARTMENT OF CONSERVATION, Petitioner-Appellant, v. HAROLD'S FARM, INC., et al., Defendants-Appellees.

Appellate Court of Illinois — Third District.

Rehearing denied March 8, 1979.

Attorney(s) appearing for the Case

William J. Scott, Attorney General, of Springfield (Roy E. Frazier, Jr., Thomas R. Judd, and George C. Hupp, Assistant Attorneys General, of counsel), for appellant.

Craig M. Armstrong and Robert L. Carter, both of Armstrong & Carter, of Ottawa, for appellees.

Reversed and remanded.

Mr. JUSTICE ALLOY delivered the opinion of the court:

This is an appeal from the order of the Circuit Court of La Salle County granting defendant Harold's Farm's second motion to dismiss and traverse in an eminent domain action brought by the Department of Conservation of the State of Illinois (hereinafter referred to as "petitioner"). The circuit court, on its own motion pursuant to Rule 308 (Ill. Rev. Stat. 1977, ch. 110A, par. 308...

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