People ex rel. Foos v. Commissioners of Highways

Citations

• 88 Ill. 141

Syllabus

<p>1. Laying out highway—revocation of proceedings. If commissioners of highways regard the damages assessed in favor of an owner over whose land a public road is laid out as manifestly too high, and that the payment of the same will be an unreasonable burden upon the tax-payers, they may revoke all proceedings had, by a written order to that effect; and such order will annul all proceedings, assessments, releases and agreements in respect to damages, and this may be done when the damages are agreed upon by the land owner and the supervisors on an appeal, and in such case the owner of the land can not enforce payment of the damages.</p> <p>2. Mandamus—to compel payment of damage for road. A petition for a mandamus to compel commissioners of highways to pay damages agreed upon between the petitioner and the supervisors, on an appeal growing out of the laying out of a road over his land, which fails to show that the commissioners had taken possession of the road or recognized it as a legally established highway, or that the order for the road had not been revoked, is fatally defective.</p> <p>3. A person applying for a writ of mandamus must show a clear right to the relief sought, and that he has no other adequate remedy.</p>