Department of Transportation v. Mc Govern

This is an interlocutory appeal from a ruling of the circuit court of Madison County entered in a condemnation proceeding instituted by petitioner, the Department of Transportation of the State of Illinois, in which respondents, Henry Ross and Henry Ross Construction Company, Inc., filed a cross-petition for damages. The Department’s motion to dismiss such cross-petition was denied, and this court granted the Department’s petition for leave to appeal from that ruling.

On appeal the Department contends that: (1) the cross-petition failed to state a cause of action; (2) cross-petitioners were…