MOSER v. HIGHWAY COMMISSIONER

No. 4-82-0608.

114 Ill. App.3d 137 (1983)

448 N.E.2d 603

WAYNE W. MOSER et al., Plaintiffs-Appellees, v. THE HIGHWAY COMMISSIONER OF THE TOWN OF URBANA, DELBERT JENKINS, Defendant-Appellant.

Appellate Court of Illinois — Fourth District.

Opinion filed April 18, 1983.


Attorney(s) appearing for the Case

John H. Finfrock, of Finfrock & Weaver Law Offices, of Urbana, for appellant.

Stanley B. Balbach and S. Byron Balbach, Jr., both of Balbach & Fehr, P.C., of Urbana, for appellees.


Order reversed.

PRESIDING JUSTICE WEBBER delivered the opinion of the court:

Plaintiffs filed a petition for a writ of mandamus in the circuit court of Champaign County. The relief sought was to compel the defendant as highway commissioner to pay a drainage assessment in the sum of $156,263.84 together with interest. After a motion to strike was denied, the defendant filed an answer. No evidence was...

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