Department of Public Works & Buildings v. Kirkendall

The Department of Public Works and Buildings appeals directly to this court from a judgment of the circuit court of Grundy County awarding compensation to the defendants for land and access rights taken in the improvement of U.S. Route 66 as a freeway under the Illinois Freeways Act.

The appeal is made directly to this court because a freehold interest and public revenue are involved.

The pleadings consist of the petition in condemnation; defendants’ answer with a copy of a certain lease attached; petitioner’s motion to strike the answer, the lease, and that part of the answer referring to the…