Trustees of Schools of Township No. 42 v. Schroeder

This is an appeal, upon leave granted by this court, from an order of the circuit court of Cook County granting a new trial in an eminent domain proceeding. Our jurisdiction is based upon section 12 of the Eminent Domain Act, (Ill. Rev. Stat. 1959, chap. 47, par. 12,) and section 77(2) of the Civil Practice Act. Ill. Rev. Stat. 1959, chap. 110, par. 77.

Plaintiffs, the trustees of schools of a township, filed a petition to condemn for school purposes, a 17.5-acre tract of land owned by defendants, Gerald A. Schroeder and Clara Schroeder, his wife. The acreage in question is in the form of a…