Department of Transportation v. Smith

Mr. PRESIDING JUSTICE KASSERMAN

delivered the opinion of the court:

This is an interlocutory appeal taken pursuant to Supreme Court Rule 308(a) (Ill. Rev. Stat. 1979, ch. 110A, par. 308(a)) from an order entered in a condemnation proceeding. The defendants, Joseph C. Smith and Láveme O. Smith, are owners of certain property sought to be condemned by the petitioner, the Department of Transportation (hereinafter Department). The defendants seek review of a pretrial order entered by the trial court which found, as a matter of law, that they were precluded from using their easement to develop the…