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FLICK v. KRAMER

No. 2-86-0086.

151 Ill. App.3d 836 (1987)

503 N.E.2d 811

ERNEST L. FLICK et al., Plaintiffs-Appellees, v. JOHN D. KRAMER, Secretary of the Department of Transportation, Defendant-Appellant.

Appellate Court of Illinois — Second District.

Opinion filed January 22, 1987.

Attorney(s) appearing for the Case

Neil F. Hartigan, Attorney General, of Springfield, and James E. Dixon, of Dixon (Roma Jones Stewart, Solicitor General, of Chicago, and Roy E. Frazier, Assistant Attorney General, of Springfield, of counsel), for appellant.

James R. Murphy and J. Robert Murphy, both of Aurora, for appellees.

Reversed and remanded.

JUSTICE WOODWARD delivered the opinion of the court:

Plaintiffs, Ernest L. Flick, Martha Flick, and J. & L. Oil, Inc., filed a verified complaint for mandamus against defendant, the Secretary of the Department of Transportation (hereinafter DOT), in order to compel defendant to bring an eminent domain proceeding to acquire certain land, allegedly owned by the Flicks. The land was entered upon by the State in the course of...

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