Department of Transportation v. Shaw

Mr. PRESIDING JUSTICE KARNS,

concurring in part, dissenting in part:

I concur in the decision of the court reversing the judgments of the trial court but must respectfully dissent from that portion of the majority opinion which discusses the measure of damages to be applied upon remand of this cause.

The order of the Circuit Court of Madison County directing the issuance of the writ of mandamus necessarily determined that the closing of the township road resulted in the taking or damaging of some property rights of the appellees. I agree with the majority that our dismissal of the Department’s…