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DEPT. OF TRANSPORTATION v. CAVAGNARO

No. 77-216.

62 Ill. App.3d 881 (1978)

379 N.E.2d 863

THE DEPARTMENT OF TRANSPORTATION, Petitioner-Appellant, v. ANDREW CAVAGNARO et al., Defendants-Appellees.

Appellate Court of Illinois — Second District.

Opinion filed August 8, 1978.

Attorney(s) appearing for the Case

William J. Scott, Attorney General, of Chicago, and Frank M. Daly, of Waukegan (Frank S. Righeimer, Jr., and Leo N. Cinquino, Assistant Attorneys General, of counsel), for appellant.

Donald T. Morrison and Mark H. Snow, both of Morrison & Nemanich, of Waukegan, for appellees.

Reversed and remanded.

Mr. PRESIDING JUSTICE SEIDENFELD delivered the opinion of the court:

The petitioner, Department of Transportation, appeals from judgment entered in eminent domain proceedings awarding damages for loss of access to the remainders following the taking. The Department contends that due to a prior deed of dedication, Department of Transportation v. Western National Bank, 63 Ill.2d 179 (1976),...

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