Asper v. Nelson
Annotate this CaseTwo township residents appealed the circuit court’s denial of their request that the court issue a writ of mandamus compelling the township to repair and maintain two secondary roads. The court concluded that the township proved that it was unable to perform its mandatory duty to repair and maintain the roads. The Supreme Court affirmed, holding that the circuit court did not abuse its discretion when it denied the writ because the township proved that it was unable to perform its legal duty because it would be unable to procure the funds necessary to repair and maintain the roads, and because the township proved that it had not willfully placed itself in a position where it could not perform its legal duty.
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