City of Chicago v. Farwell

• Decision Date: 21 October 1918
• Docket Number: No. 12216.,12216.
• Parties: CITY OF CHICAGO v. FARWELL et al.
• Court: Illinois Supreme Court

284 Ill. 491

120 N.E. 520

CITY OF CHICAGO

v.FARWELL et al.

No. 12216.

Supreme Court of Illinois.

Oct. 21, 1918.

Appeal from Cook County Court; Wm. L. Pond, Judge.

Assessment proceedings by the City of Chicago against Arthur L. Farwell and others. From judgment confirming a special assessment, the Chicago Dock & Canal Company appeals. Affirmed.Wilson, Moore & McIlvaine, of Chicago (N. G. Moore, of Chicago, of counsel), for appellant.

William J. Donlin, of Chicago (Samuel A. Ettelson, Corp. Counsel, and Eugene H. Dupee, both of Chicago, of counsel), for appellee.

DUNN, J.

This appeal is from a judgment of the county court of Cook county confirming a special assessment of $177,059.28 against the property of the Chicago Dock & Canal Company for the improvement of a thoroughfare from the north curb line of East Randolph street to the center line of East Chicago avenue. The only questions argued are those which concern the amount of benefit to the property; the appellant insisting that none of its property will receive any benefit from the improvement, and that the court erred in its rulings on the admission of evidence and on findings of facts and propositions of law submitted by the appellant.

The ordinance for the improvement provided for widening Michigan avenue from Randolph street to the Chicago river by adding 61 feet to its east side for the construction of a bridge over the river, for the extension of the street from the river north over private property to Pine street, and for the widening of Pine street from this point to Chicago avenue by adding 75 feet to its west side. The thoroughfare, when completed in accordance with the ordinance, will comprise two levels, the upper rising from Randolph street to a height sufficient to furnish a clearance of 13 1/2 feet for the lower level, crossing the river on the upper level of the bridge and descending to the surface of the ground at Ohio street, somewhat more than half a mile north of Randolph street, crossing in its course Lake street, South Water street, and River street south of the river and North Water street, Austin avenue, Illinois street, and Grand avenue north of the river, though it will have no connection with any of these streets except Lake street. The lower level will extend from Lake street across the river on the lower level of the bridge to Grand avenue and connect with the intersecting streets. The roadway of the upper level will be paved throughout its length with asphalt, that of the lower level with granite blocks, except south of South Water street, where concrete will be used, and the lower level of the bridge, which will be paved with creosoted wooden blocks. Michigan avenue is now connected with the north side of the river by the Rush street bridge, the south end of which is about 50 feet west of the south end of the proposed new bridge, and the north end of which is about 250 feet west of the north end of the proposed new bridge. This bridge connects at the north end with Rush street, which extends north 300 feet west of Pine street. It has one level only, and is to be removed.

The appellant, the Chicago Dock & Canal Company, is the owner of a large number of lots lying north of the Chicago river and east of Pine street. With the exception of several disconnected lots, they constitute a tract of about 50 acres of irregular shape, extending east from St. Clair street nearly half a mile, bordering on the river and lake on the south and east and Grand avenue on the north. St. Clair street is the first street east of Pine street, from which its distance is 300 feet. North Water street and Illinois street run clear through the tract from west to east, and are paved with granite blocks, as is Grand avenue. There are no north and south streets east of St. Clair street except Seneca street and Peshtigo court, which run from Illinois street to Grand avenue. A large canal slip runs through about the whole length of the premises between Water street and Illinois street, and is used by vessels coming into Chicago harbor. A track of the Chicago & Northwestern Railway enters the premises along North Water street and by means of numerous switch tracks connects with nearly every parcel of the premises. The character of all the property is industrial, and the highest and best uses of which it is or in the future will be capable are for industrial and wholesale purposes. Half of it is now permanently improved for such purposes with substantial buildings, some of them very large and expensive.

The Rush street bridge has two roadways, each 17 feet wide, and is about 6 feet above the level of Rush street and Michigan avenue. The roadway of Rush street is 38 feet wide. The lower level of the new bridge will have two roadways, each 17 1/2 feet wide, and will be about the same distance above the connecting streets as the Rush street bridge. The lower level of Michigan avenue will be substantially the same as it now is except that it will be 61 feet wider, and the lower level of Pine street and its extension to the river will be substantially the same as it now is, except that it will be 75 feet wider. The intersecting streets will cross the lower level at their present grades, except Grand avenue, which, on account of the approach of the upper level to the surface, must be depressed about 5 feet to give the necessary clearance to the lower level. For the same reason the lower level inclines downward from Illinois street to Grand avenue.

The cost of the work, aside from the compensation for land taken or damaged, is $2,298,247, of which the cost of the bridge is $980,965. The compensation to be paid for land taken or damaged is $4,964,288, making the total cost of the improvement $7,262,535. In the assessment roll filed $4,357,521 of this amount was assessed against private property specially benefited and $2,905,014 against the city for public benefits. The court recast the assessment roll and amended it on its face by reducing the assessment on each parcel of private property 20 per cent. and adding that amount to the public benefits, thus increasing the latter to $3,776,518.80 and reducing the benefits to private property to $3,486,016.20. Thereupon all legal objections were withdrawn, those remaining only as to which the objectors were entitled to a trial by jury.

The foundation of the claim that the appellant's property will be benefited by the improvement is the additional facilities for commercial traffic which it is insisted will be afforded beyond those which it now has. Facilities for the transportation of goods to and from the warehouses and industrial plants which occupy the appellant's property are essential to the conduct of their business and to the value of the property for industrial purposes. These goods are transported by rail, by water, and by vehicles upon the streets. About half of the transportation to and from this property is by vehicles either along and upon Rush street or crossing it, and about half of this transportation by vehicles crosses the Rush street bridge. Much evidence was introduced for the purpose of showing the adequacy or inadequacy of Rush street, the bridge, and the streets south of it to accommodate the traffic passing over them. Rush street, including the bridge, is now the main channel for a considerable part of the transportation to and from the appellant's property. It is also a very important channel of communication between a great part of the city of Chicago lying north of the Chicago river and the business district on the south. There lines of commercial traffic concentrate, coming from the territory north of the river into Rush street from the east, and from the west by the various cross streets and going to the railroad terminals and wholesale merchants on the south side, and similar lines moving in the opposite direction also concentrate there, and these are all crossed by lines of east and west travel between the railroad terminals and industrial plants, warehouses, and merchants. Besides the commercial traffic there is a much greater amount of automobile traffic north and south over the bridges from the north of the south side of the Chicago river, three-fourths of which goes over the Rush street bridge, which has 19 per cent. of the total bridge roadway between the north and south sides. The new bridge, with its two levels, will have 38 per cent. of the bridge roadway between the two sides. While the ordinance does not require it, the expectation is that the automobiles and other vehicles not engaged in heavy commercial transportation will use the upper level of the street, and the heavy and slower commercial vehicles will use the lower level. The latter will thus be relieved of three-fourths of the vehicles using it, and the commercial vehicles will have the use of the whole of both roadways free from any interference on account of the other traffic. Each of the roadways on the Rush street bridge has two lines of travel, and into these four lines-two moving in each direction-the streams of vehicles coming from...