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DEPT. OF TRANSPORTATION v. WALKER

No. 79-306.

80 Ill. App.3d 1039 (1980)

400 N.E.2d 956

THE DEPARTMENT OF TRANSPORTATION, Petitioner-Appellant, v. EDWARD R. WALKER et al., Defendants-Appellees.

Appellate Court of Illinois — Third District.

Opinion filed February 1, 1980.

Attorney(s) appearing for the Case

William J. Scott, Attorney General, of Springfield (John A. Hayner, Special Assistant Attorney General, and Roy E. Frazier, Jr., Assistant Attorney General, of counsel), for appellant.

Gary M. Neville and Roger B. Gomien, both of Gomien, Masching & Neville, of Dwight, for appellees.

Judgment affirmed.

Mr. JUSTICE ALLOY delivered the opinion of the court:

This is an appeal by the Department of Transportation (Department) of the State of Illinois from a judgment of the Grundy County Circuit Court which dismissed an action brought by the Department for the condemnation of property. A motion to dismiss the condemnation petition was made by defendants-owners of the property under consideration on the ground that the Department had failed to...

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