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DEPARTMENT OF TRANSP. v. LOWDERMAN, LLC

No. 3-05-0128.

854 N.E.2d 261 (2006)

304 Ill.Dec. 919

DEPARTMENT OF TRANSPORTATION, STATE OF ILLINOIS, Plaintiff-Counter-Defendant-Appellee v. LOWDERMAN, LLC and Unknown Owners, Defendant-Appellant.

Appellate Court of Illinois, Third District.

August 10, 2006.

Attorney(s) appearing for the Case

Cynthia L. Elias (argued), Elias, Meginnes, Riffle & Seghetti, P.C., Peoria, for Lowderman, LLC.

Lisa Madigan, Attorney General, Chicago, Michael J. Luke, Senior Assistant Attorney General, Springfield, A. Anthony Ashenhurst (argued), Westervelt, Johnson, Nicoll & Keller, LLC, Macomb, for Illinois Department of Transportation.

Justice McDADE delivered the opinion of the court:

This appeal originates from a complaint for condemnation brought by plaintiff-counter-defendant Illinois Department of Transportation ("IDOT") which sought to condemn a portion of property belonging to defendant-counter-plaintiff Lowderman, LLC ("Lowderman"). Specifically, Lowderman appeals from an order of the circuit court of McDonough County denying Lowderman's motion that the jury be allowed to determine damages...

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