Edwards v. City of Chicago

• Citation: 140 Ill. 440,30 N.E. 350
• Parties: EDWARDS et al. v. CITY OF CHICAGO.
• Decision Date: 24 March 1892
• Court: Illinois Supreme Court

140 Ill. 440

30 N.E. 350

EDWARDS et al.

v.CITY OF CHICAGO.¹

Supreme Court of Illinois.

March 24, 1892.

Appeal from Cook county court; FRANK SCALES, Judge.

Petition by the city of Chicago for the assessment of the cost of constructing a sewer in Belmont avenue. From a judgment confirming the assessment by the commissioners, David Edwards and others appeal.

Frank J. Crawford, for appellants.

C. A. Dibble and John S. Miller, Corp. Counsel, for appellee.

WILKIN, J.

This is an appeal from a judgment of the county court of Cook county, confirming a special assessment levied by the city of Chicago to pay for a sewer. The cost of the improvement was estimated at $106.134, $18,770.78 of which was assessed to the city, and the balance, $87,363.56, upon property assessed as specially benefited. Of this last amount, $8,552.92 was assessed against lands of the appellants, who filed objections to the confirmation of the assessment roll returned by the commissioners in the court below. These objections being overruled, and said assessment confirmed, they prosecute this appeal. They resisted the assessment on the hearing mainly on the ground that their lands, assessed for special benefits to accrue by the proposed improvement, would not be benefited thereby; and it is upon that ground that the judgment of the county court is sought to be reversed here.

The ordinance authorizing the improvement provides for a brick sewer, to be laid in the center of Belmont avenue, ‘from its outfall into the north branch of the Chicago river to the west line of Milwaukee avenue.’ The dimensions and structure of the work is prescribed, and it is specified that 26 man-holes and 90 catch-basins upon the same, of certain dimensions, shall be built, to be located ‘at points to be directed.’ Section 2 of the ordinance provides that said improvement shall be paid for by special assessment. The commissioners appointed to make the assessment, in appointing and assessing the amount found to be of benefit to property, assessed the lots, blocks, tracts, and parceis of land, one-quarter of a mile on either side of said Belmont avenue, from the river westward a distance of nearly four miles. Those of appellants included in the assessment are all west of the western terminus of said sewer, and wholly disconnected therewith; a part of them being nearly three miles west of Milwaukee avenue. All of these lands, though within the present city limits, are used exclusively for agricultural purposes, and are situated in a rural district. Beimont avenue, west of Milwaukee avenue, is in fact but a country road, passing through farm lands; and there is no claim that the lands of appellants, bordering thereon, which were assessed, are in any proper sense city property. It need scarcely be said the proposed improvement, as authorized by said ordinance, can afford appellants no facility whatever for discharging sewage from these lands. It is conceded it will not, unless the work shall be extended west ward by future action of the city. It must also be admitted that no assessment could be made against property in this proceeding for benefits to accrue hereafter by an extension of said sewer. Hutt v. City of Chicago, 132 Ill. 352, 23 N. E. Rep. 1010. But, independently of the consideration of such future extension, the evidence in this record wholly fails to show that appellants' lands will be benefited unless it be in the way of surface drainage; and we are unable...