STEVENSON v. COSGROVE

No. 75-78.

38 Ill. App.3d 672 (1976)

347 N.E.2d 857

EUGENE STEVENSON, La Salle County Superintendent of Highways, Plaintiff-Appellant, v. FRANCIS D. COSGROVE, Peru Township Road Commissioner, Defendant-Appellee.

Appellate Court of Illinois — Third District.

Opinion filed May 20, 1976.


Attorney(s) appearing for the Case

Frank Yackley, State's Attorney, of Ottawa (Joseph Lanuti, Assistant State's Attorney, of counsel), for appellant.

Louis E. Olivero, of Peru, for appellee.


Judgment affirmed.

Mr. JUSTICE STENGEL delivered the opinion of the court:

Plaintiff Eugene Stevenson, La Salle County Superintendent of Highways, filed this mandamus action to compel Francis D. Cosgrove, Road Commissioner for Peru Township, to provide maintenance for West Lynnwood Drive located in the First Addition of Lynnwood Subdivision, an unincorporated area in Peru Township. Cosgrove defended the suit on two grounds: (1) the street had never been accepted...

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