Illinois Court of Claims Opinions
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Smith v. State of Illinois

6 Ill. Ct. Cl. 348 Illinois Court of Claims Filed May 9, 1929 No. 1314
Disposition: (No. 1314-Claim denied.)
Cite as: Smith v. State of Illinois, 6 Ill. Ct. Cl. 348 (1929)
Legacy General 6 denied 1920s Smith v. State of Illinois 6 Ill. Ct. Cl. 348 May 9, 1929 (No. 1314-Claim denied.) /opinions/v06-p0369-1/

JOHN A. SMITH AND HELENE SMITH, Claimant, v. STATE OF ILLINOIS, Respondent.

Case summary

Claimants sought damages for property allegedly harmed by a state highway bridge construction that raised the road grade. The court found no damage beyond offsetting benefits and denied the claim, also denying a rehearing.

Claim type: Other

AI-generated summary from the opinion text — may contain errors. The opinion text and PDF above are the official record.

Headnotes

  1. PROPERTY DAMAGE-when no award will be made for damage to property REHEARING-when rehearing will be denied. The Court being fully ad- PROPERTY DAMAGE-when claimant is barred by condemnation proceed-

It appears that in the year 1924 and subsequent thereto, the claimants owned a piece of property at the intersection of route 19, State hardroad system. The property was located in the town of Fox River Grove. It is claimed there is a hotel and a boat and livery business on the property. In 1925 the State Highway Department built a bridge and it is claimed that the grade of the road approaching the bridge was raised from one to six feet.

The court, in going over the whole matter, is of the opinion that there must be some benefits to a claimant of this char[*349]actor in the building of the hard road by his place of business, and we do not believe the record in the case shows any damage beyond the benefits that can be considered.

Therefore, it is recommended that claim be denied.

On December 18, 1929, upon petition for rehearing the following additional opinion was filed: This matter coming on to be heard upon petition for rehearing and the court being fully advised in the premises find no cause for rehearing.

Therefore petition for rehearing is denied. (Claims denied.)

H. C. LAMPP, 1368; J. W. FINNEY, 1369, ELEXANDER PYLE, 1370,

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