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DEPT. OF TRANSP. v. ASS'N OF FRANCISCAN FATHERS

Nos. 79-509, 79-831 cons.

93 Ill. App.3d 1141 (1981)

418 N.E.2d 36

THE DEPARTMENT OF TRANSPORTATION, Petitioner-Appellee, v. ASSOCIATION OF FRANCISCAN FATHERS OF THE STATE OF ILLINOIS, Respondent-Appellant. — ASSOCIATION OF FRANCISCAN FATHERS OF THE STATE OF ILLINOIS, Plaintiff-Appellant, v. THE DEPARTMENT OF TRANSPORTATION et al., Defendants-Appellees.

Appellate Court of Illinois — Second District.

Opinion filed March 3, 1981.

Attorney(s) appearing for the Case

James D. Murphy, Jr., and Richard T. Ryan, both of Chicago, for appellant.

Tyrone C. Fahner, Attorney General, of Chicago (Leo N. Cinquino, Special Assistant Attorney General, and Frank S. Righeimer, Assistant Attorney General, of counsel), for appellees.

Judgment affirmed.

Mr. JUSTICE REINHARD delivered the opinion of the court:

In April 1970, the Department of Public Works and Buildings, now the Department of Transportation (Department), filed a petition to condemn 9.828 acres of a 235-acre tract owned by the Franciscans in Oak Brook, Illinois. The land which the Department sought to condemn was needed to complete a reconstruction project for Route 83 in the area of the Franciscan property. The Franciscan...

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