Moser v. Highway Commissioner

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 taken since the parties stipulated to most of the operative and pertinent facts, although drawing different conclusions from them. The trial court awarded the writ, and this appeal followed.

Two principal points are…