Kotara, LLC v. Schneider

Illinois Appellate Court
Civil Court
Mandamus
Citation
Case Number: 
2018 IL App (3d) 160525
Decision Date: 
Monday, January 22, 2018
District: 
3d Dist.
Division/County: 
Will Co.
Holding: 
Affirmed.
Justice: 
CARTER

Plaintiffs filed complaint for mandamus, seeking to compel Defendant (Secretary of Transportation) to file eminent domain action as to certain real property allegedly owned by Plaintiffs and taken by Defendant for a road-widening project. After bench trial on mandamus complaint, court properly ruled in favor of Defendant, as Plaintiffs failed to show that they had a clear right to mandamus relief. Evidence at trial showed that Plaintiffs' ownership of disputed area and area of additional taking was not clear. As case was difficult, with unusual facts, court's denial of Defendant's motion for sanctions was not unreasonable. Court properly awarded Defendant only its filing fee and summons costs, as costs statutes must be narrowly construed. (LYTTON and O'BRIEN, concurring.)