Moffitt v. City of Rock Island

In this cause, the city of Rock Island appeals from the judgment of the circuit court of Rock Island County which was entered, following a bench trial, as a result of which the trial judge entered an order setting aside a deed executed by plaintiffs which conveyed approximately 22 acres for a right-of-way to construct a road on what is described as 92d Avenue. In this action, which was filed as a mandamus action, the court also ordered defendant to institute condemnation proceedings to acquire the property involved, which, at that time, was occupied by a completed roadway constructed by the…