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PEOPLE EX REL. PETERS v. O'CONNOR

No. 3-99-0354.

725 N.E.2d 391 (2000)

311 Ill. App.3d 753

244 Ill.Dec. 280

The PEOPLE, ex rel. Donald PETERS, Executor of the Estate of Clarence Peters, Plaintiff-Appellant, v. Laverne O'CONNOR, Gene Warmbir, Russell Rosenboom, and Milks Grove Special Drainage District No. 1 of Iroquois County, Illinois, Defendants-Appellees.

Appellate Court of Illinois, Third District.

February 25, 2000.

Attorney(s) appearing for the Case

Charles E. Ruch, Jr. (argued), Kankakee, for Donald Peters.

Wayne O. Smith (argued), Paxton, for Milks Grove Special Drainage District No. I, Laverne O'Connor, Russell Rosenboom, Gene Warmbir.

Justice BRESLIN delivered the opinion of the court:

Plaintiff Donald Peters, as executor of the estate of his father, Clarence Peters, filed suit against the commissioners of Milks Grove Special Drainage District No. 1, and the District itself (collectively District), seeking an order of mandamus to force the District to repair a bridge over a drainage ditch which would allow Peters access to a landlocked portion of his father's farm. The trial court (1) ordered...

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