(DOWNLOAD) "Burnidge Bros. Almora Heights v. Wiese" by Illinois Appellate Court Second District Judgment Affirmed # eBook PDF Kindle ePub Free
eBook details
- Title: Burnidge Bros. Almora Heights v. Wiese
- Author : Illinois Appellate Court Second District Judgment Affirmed
- Release Date : January 03, 1986
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 73 KB
Description
Plaintiff, a development corporation (developer), sought to compel the defendants, the Plato Township highway commissioner (commissioner), the Plato Township Road District (district), and the Plato Township Board (board) by petition for writ of mandamus in the circuit court of Kane County to provide street lights for its Plato Township subdivision known as Catatoga III. The court granted the defendants' cross-motion for summary judgment based on this court's decision in A.S. Schulman Electric Co. v. Village of Fox Lake (1983), 115 Ill. App.3d 746, that even though a municipality may be otherwise empowered to enter into a contract to provide street lighting, the contract as executed will be void unless a specific appropriation for that purpose has been made. The court found that no specific appropriation for the street lights at issue was made. The developer does not argue that there is a genuine issue or issues of material fact which would require that this court reverse and remand the cause for trial. It argues, however, that there is a duty which has vested in the office of the Plato Township highway commissioner, who is also an officer of Plato Township and the Plato Township Road District, to provide for lighting of the public roads in Catatoga III, and that mandamus may properly issue to compel performance of that duty. Defendants counter that the commissioner's discretion to provide for street lighting is neither bound by the action of his predecessor commissioner nor subject to writ of mandamus, nor is the board's discretion in the matter of the annual appropriation ordinance and tax levy bound by the recommendation of the commissioner nor subject to a writ of mandamus.
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