( N o 3542-Claimants awaided $1,000.00 ) CHARLES STIH AND THERESA STIH, Claimants, ws. STATE O FILLINOIS, Respondent. ’ Opznio?i filed Septembei 18 1.9$?. JAMES E. MALONE,JR., f o r claimants.
Case summary
Claimants sought $2,000 for damage to their property caused by a highway improvement that raised the grade of Fifth Street and cut off direct access. The court found the record supported an award of $1,000.
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Headnotes
- DAMAGEs-resultzng to p i zvate property f i o m mprovement conststzng of a publzc concrete pavement whtch cat off darWt a c c e u f m n pi-op ertg to street, and testamony of untnesses mid photogrnphs t c i h f n of the proplefty will szistazn (in azo.nrd of $1,000.00.
ECKERT, The claimants, Charles Stih ahcl Theresa Stili are the owners as joint tenants of the following clcsciihecl real estate: [*31] Lot Three ( 3 ) in Block Three ( 3 ) in Lapsley’s Addition to LaSalle, in the City of LaSalle, County of LaSalle and State of Illinois, excepting coal and mineral rights.
This property lies immediately south of, and fronts to the north, on Fifth Street, and is improved with a dwelling house and a small frame building, formerly used for a retail grocery store. When the buildings were constructed, they were adapted to the then established grades and curb lines of Fifth Street, so that there was free access to the premises from the street. , On September 10, 1940, a higliway improvement OIL Fifth Street, known as State Bond Issue Route 7., Coilstruction Sect,ion 34, Cit- of LaSalle, LaSalle Count)-, Illinois, mas begun b j the ~ respondent, aiicl mas completed on ,July 2, 1941. The improvcment consisted of a new concrete pavement of variable width which raised the gmcle of Fifth Street abutting the claimants ’ property, three to four feet. A retaining wall was also erected, and a pipe fence, so that direct access from claimants property to the street was cut off. Claimants allege that as a result of the construction of this improvepent, this propery has been damaged to the extent of $2,000.00.
From the testimony of expert witnesses, from photographs taken of the property both before and after the improvement, it is clear that the raising of the highway led has lessened the value of this property. Commissioner East, who viewed the premises, recommends an a ~ a r din the sum of $1,000.00. The,court is of the opinion that the record amply supports such recommendation. * * An award is, therefore, entered in favor of claimants; Charles Stih and Theresa Stih, in the sum oi $I ,000.00.