Flatt v. Dep't of Pub. Works & Bldgs.

• Decision Date: 04 October 1929
• Docket Number: No. 19077.,19077.
• Citation: 167 N.E. 772,335 Ill. 558
• Parties: FLATT et al. v. DEPARTMENT OF PUBLIC WORKS AND BUILDINGS et al.
• Court: Illinois Supreme Court

335 Ill. 558

167 N.E. 772

FLATT et al.

v.DEPARTMENT OF PUBLIC WORKS AND BUILDINGS et al.

No. 19077.

Supreme Court of Illinois.

June 19, 1929.

Rehearing Denied Oct. 4, 1929.

Petition by Walter Flatt and others for leave to file a bill against the Department of Public Works and Buildings and others, to enjoin the director of the Department of Public Works and Buildings and other officers of the state from locating and constructing a highway upon a certain route. From an order denying the petition, plaintiffs appeal.

Affirmed.

Appeal from Circuit Court, Sangamon County; Norman L. Jones, judge.

June C. Smith, of Centralia, for appellants.

Oscar E. Carlstrom, Atty. Gen. (B. L. Catron, of Springfield, of counsel), for appellees.

DIETZ, J.

This is an appeal from an order of the circuit court of Sangamon county denying the petition of the appellants, who are residents of the village of Valier and its immediate vicinity, with a population of 3,000, in Franklin county, for leave to file a bill to enjoin the director of the department of public works and buildings, and other officers of the state, from locating, laying out, and constructing Route No. 148, designated in the second Road Bond Issue Act, upon a certain route described in the bill between the cities of Christopher and Sesser, also in Franklin county. The act describes Route No. 148 as ‘beginning at Mt. Vernon and extending in a southerly direction to an intersectionwith Route No. 13 south of Herrin affording Mt. Vernon, Waltonville, Sesser, Christopher, Herrin and the intervening communities reasonable connections with each other.’ Smith-Hurd Rev. St. 1927, c. 121, § 281i. Sesser is directly north of Christopher-a distance of seven miles between their corporate limits. Valier is almost midway between them and approximately one-half mile to the east. Its western boundary is on a direct line between Christopher and Sesser. This direct line is the location sought to be enjoined. The communities involved, together with the existing railroads and highways, as well as the new locations proposed by the respective parties, are indicated on the following plat:

Image 1 (2.28" X 5.25") Available for Offline Print

There are three ways of reaching Sesser from Christopher over existing highways. On the plat the first is designatedas ABNORQC, the second as ABNOPQC, and the third as ABRQC. The proposed location of Route No. 148 is shown as ABC. Section BC is 4 1/4 miles in length and a new location. Section AB is paved with concrete to a width of 18 feet by the township of Tyrone. Section MN is a new location, 2 miles long, suggested by the appellants. A double-track right of way of the Chicago, Burlington & Quincy Railroad Company passes through Christopher, Valier, and Sesser, as shown on the plat. This right of way is on the east side of the location sought to be enjoined. As also indicated by the plat, a line of the Illinois Central Railroad Company passes through Christopher in an easterly and westerly direction and intersects the new location proposed by the appellants. The location sought to be enjoined is a direct line, without railroad crossings. Any other possible location through Valier would involve at least two railroad grade crossings and either five or six right-angle turns. It is the contention of the appellants that the location sought to be enjoined does not afford to the village of Valier and its immediate vicinity, as an intervening community, reasonable connections with Christopher and Sesser, and that the department of public works and buildings is without authority to appropriate and use as a part of Route No. 148 that section of the proposed location which has been paved by the township of Tyrone.

[1][2] Under the second Road Bond Issue Act the ‘roads shall be constructed * * * upon public highways * * * along * * * described routes, as near as may be.’ ‘The general location of the routes * * * shall be substantially as described.’ but the ‘Department of Public Works and Buildings shall have the right to make such minor changes in the location of said routes as may become necessary in order to carry out the provisions' of the act, and it is given power to purchase or condemn property required in ‘the locating of a route or any part thereof.’ Smith's Stat. 1927, c. 121, §§ 1, 9, 11, pp. 2410, 2411, 2419 (Smith-Hurd Rev. St. 1927, c. 121, §§ 281a, 281i, 281k). These provisions are substantially the same as the corresponding sections of the first Road Bond Issue Act. Id. pp. 2402, 2405, 2408 (Smith-Hurd Rev. St. 1927, c. 121, §§ 266, 274, 276). The extent of the authority of the department of public works and buildings to change the location of routes under these two acts has been passed upon by this court in a number of cases. In general, it has been...