State ex rel. Griffith v. Board of County Commissioners

The opinion of the court was delivered by

Burch, J.:

The action is one of mandamus to compel the board of county commissioners of Franklin county to construct a paved highway. Plaintiff moves for judgment on the return to the alternative writ.

In March, 1920, the board adopted the resolution finding the petition for the road to be sufficient, finding the road to be of public utility, and creating the road district. Survey was made, plats, plans and blue prints were prepared, and in July, 1921, resolution for immediate construction of one and two-thirds miles of the road was adopted. Nothing has…