City of Chicago v. Carpenter

Decision Date18 February 1903
Citation66 N.E. 362,201 Ill. 402
PartiesCITY OF CHICAGO v. CARPENTER et al.
CourtIllinois 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: ‘This cause coming on for trial, it is hereby stipulated and agreed by and between the petitioner and the objectors herein, by their attorneys, that the following facts may be taken as true: (1) That on the 10th day of June, A. D. 1901, the city council of the city of Chicago passed an ordinance providing that the east half of Cottage Grove avenue, from the south line of Drexel square to a line thirty-three feet south of the north line of Fifty-Ninth street, be curbed, graded, and paved with asphalt, pursuant to a recommendation of the board of local improvements, a copy of which ordinance is attached hereto and made a part of this record. (2) That the portion of the roadway proposed to be improved in this street is not, and never has been, improved or paved. (3) That Cottage Grove avenue, the east half of which is proposed to be paved, is a street running longitudinally along South Park, as contemplated by the act of 1869 creating said park and the board of South Park Commissioners, and the various amendments to said act. (4) That said South Park is under the jurisdiction of the board of South Park commissioners, and the property of the objectors herein has been assessed and has paid said assessment levied under the authority of the act of 1869, and the amendments thereto, for the acquiring and improving of lands for said South Park. (5) That the said board of South Park commissioners has constructed a curb wall on the west side of the roadway of Cottage Grove avenue, along that portion of the street from the south line of Drexel square to a line thirty-three (33) feet south of the north line of Fifty-Ninth street; that it has also put down a granite concrete walk on the west side of Cottage Grove avenue between the same points; that it has also built sixteen (16) catch-basins in the west hald of said Cottage Grove avenue between the points hereinbefore mentioned; that all of the foregoing improvements were made by said board of South Park commissioners, and paid for by it out of the park funds in its hands. (6) That the improvements made by said board of South Park commissioners on Cottage Grove avenue, between the points aforesaid, have been confined entirely to the west half of said street. (7) That the said board of South Park commissioners have never passed any resolution assuming jurisdiction of the said street unless under the general resolution assuming jurisdiction of the South Park system, nor performed any other acts in regard to said street than those mentioned in paragraphs 5 and 6, supra. (8) That the acts of the Legislature of the state of Illinois creating the board of South Park commissioners, and the various amendments thereto, may be considered in evidence without being formally read into the record, and that the court may take notice of the same as if herein set forth verbatim.’

HAND, J. (after stating the facts).

Section 5 of the Supplemental Park act, approved April 16, 1869 (1 Priv. Laws 1869, p. 367), is as follows:

Sec. 5. The commissioners to be appointed under said act are hereby vested with the same powers and duties as are conferred by said act in relation to lands designated for parks, over all streets running longitudinally along and...

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13 cases
  • South Park Com'rs v. Montgomery Ward & Co.
    • United States
    • Illinois Supreme Court
    • February 8, 1911
    ...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 ......
  • City of Fargo v. Gearey
    • United States
    • North Dakota Supreme Court
    • February 4, 1916
    ... ... 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] ... ...
  • City of Lincoln v. Chicago & A.R. Co.
    • United States
    • Illinois Supreme Court
    • February 21, 1914
    ...of land used solely for park purposes, under the holdings of this court in Billings v. City of Chicago, supra, and City of Chicago v. Carpenter, 201 Ill. 402, 66 N. E. 362. In those cases the city of Chicago endeavored to levy an assessment against property which was under the jurisdiction ......
  • City of Chicago v. Partridge
    • United States
    • Illinois Supreme Court
    • February 25, 1911
    ...upon a stipulation of facts, which stipulation is set out in the statement preceding the opinion in the case of City of Chicago v. Carpenter, 201 Ill. 402, 66 N. E. 362; that the objections were sustained on the ground that it appeared from the stipulation and from section 5 of the suppleme......
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