Farrell v. Town of West Chicago

• Decision Date: 13 June 1896
• Citation: 44 N.E. 527,162 Ill. 280
• Parties: FARRELL et al. v. TOWN OF WEST CHICAGO.
• Court: Illinois Supreme Court

162 Ill. 280

44 N.E. 527

FARRELL et al.

v.TOWN OF WEST CHICAGO.

Supreme Court of Illinois.

June 13, 1896.

Error to Cook county court; Frank Scales, Judge.

Application by the town of West Chicago for the appointment of commissioners to make and levy a special assessment for the cost of improving a boulevard. Commissioners were appointed, and from a judgment confirming the assessment roll made by them Thomas F. Farrell and others bring error. Reversed.Wilbur & Hauze, for plaintiffs in error.

H. S. Mecartney, for defendant in error.

MAGRUDER, C. J.

This is a proceeding for the improvement of Douglas Boulevard, instituted under the act of May 2, 1873, in regard to parks and boulevards. 2 Starr & C. Ann. St. p. 1708. Having determined to improve that portion of Douglas Boulevard extending east and west, and also that part of the north and south portion lying south of Colorado avenue, or Barry Point road, the West Chicago park commissioners transmitted plans for such work to the authorities of the town of West Chicago with a request for special assessment proceedings to pay the estimated cost. The town board passed an ordinance, the second section of which is as follows: ‘Sec. 2. That said special assessment shall be divided into installments and that the first of said installments shall be 20 per cent. of the total amount of said assessment, and that the deferred installments shall bear interest at the rate of 6 per cent. per annum as provided by law.’ The town filed a petition in the county court, asking that ‘said special assessment so to be made by such commissioners upon the contiguous property, so fronting and abutting on said boulevard so to be improved, may be divided by the order of this court into installments, the first of which shall be 20 per cent. of the total of said assessment so to be levied against each separate piece or property, lot or land, so abutting on said boulevard so to be improved, which installment of 20 per cent. shall be due and payable on and after the date of confirmation of said special assessment, and that the remainder of the amount so to be assessed shall be divided into four equal installments, payable annually thereafter.’ Three commissioners were appointed, and an assessment roll was made and confirmed. The judgment of confirmation ‘orders that said special tax shall be divided and payable by installments, the first of which installments shall be 20 per cent. of the total amount of said special tax,...