People ex rel. Walker v. Commissioners of Highways

Citations

• 103 Ill. 640
• 1882 Ill. LEXIS 223

Syllabus

<p>1. Appeal—highways—on appeal from highway commissioners to three supervisors—how far and for what length of time the action of the latter is conclusive. On an appeal from any order of the commissioners of highways concerning a public road, where the three supervisors obtain jurisdiction, such jurisdiction is exclusive for the time being over the matters embraced in the appeal, and the power of the commissioners over the same subject matter is suspended for the period of one year, and they can not, within that period, make any orders except in furtherance of that of the supervisors.</p> <p>2. But if the period of one year from the making of the order by the supervisors to establish a road and assess the damages shall have elapsed, without any steps being taken to open the road or pay damages, the commissioners of highways may, if in their judgment the damages are manifestly too high, and their payment an unreasonable burden on the tax-payers of the town, make an order revoking or vacating all the proceedings of the supervisors. It seems the supervisors may do the same thing within the one year succeeding their action. •</p>