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PEOPLE EX REL. DEP'T OF TRANSP. v. BIRGER

No. 5-86-0011.

155 Ill. App.3d 130 (1987)

507 N.E.2d 1321

THE PEOPLE ex rel. DEPARTMENT OF TRANSPORTATION, Petitioner-Appellant, v. BERNARD B. BIRGER et al., Respondents-Appellees (John W. Leskera et al., Respondents).

Appellate Court of Illinois — Fifth District.

Opinion filed May 5, 1987.

Attorney(s) appearing for the Case

Neil F. Hartigan, Attorney General, of Springfield (Roma Jones Stewart, Solicitor General, Roy E. Frazier, Jr., Assistant Attorney General, of Springfield, and Paul D. Giamanco, Special Assistant Attorney General, of Mt. Vernon, of counsel), for appellant.

John W. Leskera, of Dunham, Boman & Leskera, of East St. Louis, and Harry J. Sterling, of Sterling & Stanley, of Fairview Heights, for appellees.

Judgment affirmed.

PRESIDING JUSTICE KARNS delivered the opinion of the court:

The Department of Transportation of the State of Illinois (the Department) appeals from a judgment of the circuit court of Madison County awarding the Birgers the sum of $165,882 as additional just compensation for the taking and damaging of their property. We affirm.

The Department filed a petition for condemnation seeking fee simple title to a parcel of land held in trust...

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