People Ex Rel. Jackson & Morris, Inc. v. Smuczynski

Defendants appeal from an order of the circuit court awarding a writ of mandamus, directing them to approve a plat of a subdivision of land, owned by plaintiff, situated in the Village of Phoenix, a municipal corporation. The cause was tried by the court, without a jury, upon a stipulation of facts. The only question presented upon this appeal is the proper construction of the applicable statutes.

Plaintiff, the owner of the land in question, presented to defendants, as officers and trustees of the Village, the plat in question for approval, it admittedly conforming to the statutes. The only…