Kreigh v. the City of Chicago.
| Decision Date | 30 September 1877 |
| Citation | 86 Ill. 407,1877 WL 9745 |
| Parties | DAVID KREIGH et al.v.THE CITY OF CHICAGO. |
| Court | Illinois Supreme Court |
OPINION TEXT STARTS HERE
APPEAL from the Superior Court of Cook County; the Hon. JOHN A. JAMESON, Judge, presiding. This is an appeal from a judgment confirming an assessment for the opening and widening of West Washington street, in Chicago, rendered by the Superior Court of Cook County, at its May term, 1877.
The point relied on in the argument for a reversal of the judgment was the overruling, by the court below, of a motion to dismiss the proceeding on the ground that the city had no authority to interfere with the street, having previously invested the West Chicago Park Commissioners with exclusive control thereover. The facts relied upon to sustain the motion are these:
On September 19, 1873, the West Chicago Park Commissioners adopted this resolution:
“The special committee to whom has been referred the communication of the president recommending the appointment of a committee to designate the streets which should be widened and improved as boulevards, from the more thickly populated park district to the parks, submitted their report, and recommended the adoption of the following resolution:
And whereas it is desirable to connect Central Park with other portions of the park district in which this park is located, and this board having full power and authority to make and designate the line of such connection, by virtue of section 12 of an act of the General Assembly, entitled ‘An act in regard to the completion, improvement, and management of public parks and boulevards, and to provide a more efficient remedy for the collection of delinquent assessments,’ approved May 2d, 1873, be it
Resolved, That Washington street, from the Chicago and Northwestern Railroad to Central Park, be, and the same is hereby, selected and designated as a boulevard and pleasure-way, pursuant to the provisions of said section 12; and that such boulevard or pleasure-way shall be under the control and management of this board, the same as other grounds by them established.”
On March 26, 1874, the common council of the city of Chicago passed an ordinance for the opening and widening of West Washington street, from the Chicago and Northwestern Railroad to Central Park, to the width of 100 feet. On April 3, 1874, the petition under which the present condemnation was had was filed.
On June 1, 1874, the common council adopted the following ordinance:
“Whereas, under and by virtue of an act of the General Assembly of this State, in force July 1st, 1873, the West Chicago Park Commissioners have selected and designated Division street, from Milwaukee avenue to Humboldt Park; Washington street, from the Chicago and Northwestern Railroad crossing to Central Park; Twelfth street, from Ashland avenue to Ogden avenue, and Ogden avenue, from West Twelfth street to the west line of Douglas Park, as boulevards or pleasure-ways, to connect said Humboldt, Central, and Douglas Parks with the more thickly settled portions of the park district; therefore,
Be it ordained by the Common Council of the city of Chicago, That the said West Chicago Park Commissioners be, and they are hereby, authorized to improve, control and manage the said several streets above described, the same as other public grounds by them established.”
There was oral evidence that the Park Commissioners did some grading on the street in the autumn of 1874, and graveled it in the spring of 1875. The grading in the fall of 1874, however, was not in the way of taking possession, but after the commissioners graveled, in the spring of 1875, they put policemen on it and took charge of it.
Meanwhile the city, notwithstanding the ordinance of the council,...
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