Yaste v. Rust

The plaintiff, Virgil Yaste, appeals from the court’s order dismissing his complaint for a writ of mandamus for the defendant Fulton County Superintendent of Highways to repair and maintain a certain roadway. We reverse.

For our purposes, the statutory terms “road” and “highway” are synonymous. (See Ill. Rev. Stat. 1985, ch. 121, par. 2 — 202.) Section 6 — 401 of the Illinois Highway Code (Ill. Rev. Stat. 1985, ch. 121, par. 6 — 401) provides that after landowners present a proper petition alleging that a certain road needs repair or maintenance, the county superintendent of highways shall…