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TOLL HIGHWAY AUTH. v. ITASCA BANK & TR.

No. 2-90-0967.

576 N.E.2d 1221 (1991)

216 Ill. App.3d 926

160 Ill.Dec. 267

The ILLINOIS STATE TOLL HIGHWAY AUTHORITY, Plaintiff-Appellee, v. ITASCA BANK and TRUST COMPANY, Richard O. Schwarz, and Chicago Title & Trust, Defendants-Appellants.

Appellate Court of Illinois, Second District.

August 1, 1991.

Attorney(s) appearing for the Case

Robert A. McNees, Carol Stream, for Itasca Bank & Trust Co., Richard O. Schwarz, and Chicago Title & Trust Co.

Robert E. Douglas, argued, Malcolm E. Erickson, Chief Counsel, Algirdas P. Ambutas, Sp. Asst. Attys. Gen., Illinois Toll Highway Authority, Oak Brook, for Illinois State Toll Highway.

Justice NICKELS delivered the opinion of the court:

Plaintiff, the Illinois State Toll Highway Authority, filed an eminent domain action against defendants, Itasca Bank and Trust Company and Richard O. Schwarz, to acquire certain portions of defendants' property, known as the Schwarz Nursery. The bank held title to the land as trustee, and Schwarz was owner of the beneficial interest in the land trust. Defendants filed a cross-petition for damages to the remainder...

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