Department of Public Works & Buildings v. Exchange National Bank

Respondents, who were respectively the fee owners of record of a parcel of real estate, and the trustee under a deed of trust, appealed from the judgment of the circuit court of Du Page County entered in the eminent domain action brought by petitioner, the Department of Public Works and Buildings. The appellate court affirmed (23 Ill. App. 3d 175), and we allowed respondents’ petition for leave to appeal.

Respondents were the owners of a tract of land comprising approximately 23,000 square feet and improved with a building used as a restaurant and dwelling. As originally filed the condemnation…