Whitmer v. Commissioners of Highways

Citations

• 96 Ill. 289
• 1880 Ill. LEXIS 32

Syllabus

<p>1. Appeal—-from order vacating road—by whom. The right of appeal from an order of commissioners of highways vacating a road, or part of a road, to three supervisors, is not limited to persons whose lands adjoin upon the road, as the only ones interested. A person may have an interest in the establishing or vacating of a road merely as a thoroughfare for travel, without having any land to be taken or restored.</p> <p>2. The portion of a public road vacated by commissioners of highways did not actually touch the land of a party complaining, but was within a short distance of it, and not far from his house, which had been built with reference to such road, and the part vacated ran diagonally across an adjoining quarter section of land, the vacation carrying the travel around part of two sides of such quarter. The road so vacated was a portion of a road leading from the premises of the person so situated to the county seat, and to a railroad station which was his principal market. It was held, such person was entitled to an appeal from the order of vacation to three supervisors.</p> <p>3. Same—-former decision. In the case of Taylor et al. v. Town of Normal, 88 Ill. 526, it was held that no person has the right of appeal from the decision of commissioners of highways in laying out a new road, or vacating an old one, unless he is the owner of land adjoining the road to be laid out or vacated: If that is to be taken ip the strict meaning of touching the land, so that no person can appeal from such an order unless he is the owner of land which is actually touched by the road to be laid out or vacated, the construction adopted in that case was a too narrow one.</p>