City of Chicago v. Carpenter
Decision Date | 18 February 1903 |
Citation | 66 N.E. 362,201 Ill. 402 |
Parties | CITY OF CHICAGO v. CARPENTER et al. |
Court | Illinois Supreme Court |
OPINION TEXT STARTS HERE
Appeal from Cook county court; O. N. Carter, Judge.
Action by the city of Chicago against Clinton B. Carpenter and others to recover special assessments for street improvements. From a judgment in favor of defendants, plaintiff appeals. Affirmed.Edgar Bronson Tolman and Robert Redfield (Charles M. Walker, Corp. Counsel, of counsel), for appellant.
Pence & Carpenter, Robert S. Cook, Geo. A. Mason, Huff & Cook, and Willis Smith, for appellees.
This is a proceeding in the county court of Cook county for the confirmation of a special assessment to pay for curbing, grading, and paving the east half of Cottage Grove avenue, from Drexel square to the center of Fifty-Ninth street, in the city of Chicago. The appellees appeared, and filed the following objection to confirmation: ‘The jurisdiction and control of the street proposed to be improved and for which said assessment is levied is vested by law in corporate authorities other than the petitioner herein, and the said petitioner has no right nor authority, in law, to make the proposed improvement, by special assessment or otherwise.’ The court sustained the objection, and dismissed the petition, and the city has prosecuted an appeal to this court.
The respective parties agreed to submit the case and the same was heard upon the following stipulation:
HAND, J. (after stating the facts).
Section 5 of the Supplemental Park act, approved April 16, 1869 , is as follows:
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South Park Com'rs v. Montgomery Ward & Co.
...It may change the use from time to time, as the public interests require, or may abandon the property altogether. City of Chicago v. Carpenter, 201 Ill. 402, 66 N. E. 362;Meyer v. Village of Teutopolis, 131 Ill. 552, 23 N. E. 651;People v. Kerr, 27 N. Y. 188. So far as the public interests ......
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... ... jurisdiction, and privileges. Laws of 1907, chap. 179; Pol ... Code, art. 24; Comp. Laws 1913, §§ 4055, 4063; ... West Chicago Park Comrs. v. Chicago, 152 Ill. 392, ... 38 N.E. 697; Willcock, Mun. Corp. 27; 1 Dill. Mun. Corp. 4th ... ed. § 184; Grant, Corp. 18; Taylor v ... v. Chicago, 152 Ill ... 392, 38 N.E. 697. These statutes had been passed upon in ... different phases in Chicago v. Carpenter, 201 Ill ... 402, 66 N.E. 362; Cicero Lumber Co. v. Cicero, 176 ... Ill. 9, 42 L.R.A. 696, 68 Am. St. Rep. 155, 51 N.E. 758; ... [156 N.W. 555] ... ...
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