Patzner v. Baise

The plaintiff, Delbert M. Patzner, appeals from the appellate court’s reversal of the issuance of a writ of mandamus by the circuit court of Ogle County directing the defendant, Gregory W. Baise, the Illinois Secretary of Transportation, to institute eminent domain proceedings. (175 Ill. App. 3d 818.) We granted the plaintiff’s petition for leave to appeal (107 Ill. 2d R. 315) and now affirm the judgment of the appellate court.

The plaintiff is the owner of an improved parcel of land in Rochelle, Illinois, on which he formerly operated a real estate business. Prior to 1980, the plaintiff’s…