Department of Transportation v. Platolene "500", Inc.

Mr. JUSTICE TRAPP,

specially concurring:

I concur in the judgment awarding possession to the plaintiff, but do not agree with the conclusion that the respective interests of the defendant, lessee, and its lessor are properly determined in forcible entry and detainer.

In arguing upon appeal, defendant urges that it is entitled to obtain the value of its interests under a lease. The issue is whether such interests, in fact, exist.

The plaintiff acquired title by warranty deed in lieu of condemnation. The consideration paid to the lessor presumably represents the fair cash market value of the land.…