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YASTE v. RUST

No. 3-87-0318.

169 Ill. App.3d 800 (1988)

523 N.E.2d 1125

VIRGIL YASTE, Plaintiff-Appellant, v. WESLEY RUST, Fulton County Superintendent of Highways, Defendant-Appellee.

Appellate Court of Illinois — Third District.

Rehearing denied June 13, 1988.

Attorney(s) appearing for the Case

Ronald L. Hamm, of Hamm & Hanna, Ltd., and Kim L. Kelley, both of Peoria, for appellant.

Karen L. Kendall and Gary D. Nelson, both of Heyl, Royster, Voelker & Allen, of Peoria, for appellee.

Reversed and remanded.

JUSTICE HEIPLE delivered the opinion of the court:

The plaintiff, Virgil Yaste, appeals from the court's order dismissing his complaint for a writ of mandamus for the defendant Fulton County Superintendent of Highways to repair and maintain a certain roadway. We reverse.

For our purposes, the statutory terms "road" and "highway" are synonymous. (See Ill. Rev. Stat. 1985, ch. 121, par. 2-202.) Section 6-401 of the Illinois...

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