People Ex Rel. Haynes v. Rosenstone

Harry S. Haynes, who owns land in Hamilton County which abuts upon a State highway, filed a petition for a writ of mandamus against E. A. Rosenstone, Director of the Department of Public Works and Buildings. The petition seeks to compel the defendant to institute proceedings under the Eminent Domain Act to ascertain damages to the petitioner’s property which are alleged to have been caused by certain changes in the highway. The defendant’s motion to dismiss was denied. He answered, and then moved for judgment on the pleadings. That motion was also denied, and the court thereupon ordered the…