Department of Public Works & Buildings v. Lanter

The county court of Montgomery County sustained the motions of certain defendants to dismiss the petition by which the Department of Public Works and Buildings sought to acquire by eminent domain, for highway purposes, certain parcels of land, and easements of ingress, egress, crossing, light, air and view to and from other parcels of land. The Department appeals. The motions to dismiss challenged the jurisdiction of the county court, attacked the constitutionality of the Illinois Freeways Act of 1943, and questioned the legal sufficiency of the petition to condemn.

Considering first the…