Boggio v. Mudge

Illinois Appellate Court
Civil Court
Administrative Review
Citation
Case Number: 
2018 IL App (3d) 170432
Decision Date: 
Wednesday, October 17, 2018
District: 
3d Dist.
Division/County: 
Putnam Co.
Holding: 
Reversed.
Justice: 
WRIGHT

Highway commissioner for township vacated 0.45 miles of a one-lane road. Circuit court upheld commissioner's decision. Highway Code requires that every order entered shall contain an express finding that alteration or vacation of township or district road will be in public and economic interest and will deprive residents or owners of proximate land of reasonable access elsewhere. Purported substantial economic benefit to public that commissioner concluded will occur from closing the road  is purely hypothetical unless township has approved finite plans for improvements, and is contrary to manifest weight of evidence. No evidence in record supported this conclusion. (O'BRIEN, specially concurring; SCHMIDT, dissenting.)