Department of Public Works & Buildings v. Vogt

Mr. JUSTICE GEORGE J. MORAN

delivered the opinion of the court:

Petitioner, Department of Public Works and Buildings of the State of Illinois, appeals from a judgment of the circuit court of Monroe County granting defendants’ motion to dismiss a petition to take certain land pursuant to the Eminent Domain Act (Ill. Rev. Stat. 1975, ch. 47, par. 1 et seq.) (hereinafter referred to as the “Eminent Domain Act”).

On August 25,1971, petitioner filed a petition to take land owned by the defendants Bernard J. Vogt, Sharon Vogt, and James Vogt under the authority of articles 3 and 4 of the Illinois…