Trustees of Schools of Township No. 37 v. First National Bank

This is a direct appeal by the defendant Hojka (hereinafter referred to as defendant) from an award in a condemnation proceeding. The defendant has presented three issues to this court which shall be stated as they are considered in the opinion.

The first issue raises constitutional questions. Defendant contends that his right to justice without delay (Const. of 1870, art. II, sec. 19), and to just compensation (Const. of 1870, art. II, sec. 13, and U.S. Const. amend. V) were violated by a lapse of four years between the filing of a condemnation petition and the trial. The record discloses the…