City of Mount Carmel v. Partee

The city of Mount Carmel, the plaintiff and a municipal corporation, petitioned the circuit court of Wabash County to condemn land in an unincorporated area for a street right-of-way. (Ill. Rev. Stat. 1975, ch. 24, par. 11—61—1.) Upon the motion of defendants Clarence E. and Clifton M. Partee for a change of venue, the cause was transferred to the circuit court of Lawrence County, which dismissed the petition. The appellate court, with a dissent, affirmed (54 Ill. App. 3d 449), and we granted leave to appeal (65 Ill. 2d R. 315).

The issue is whether the city is authorized by section 11— 61—1…