Larson v. City of Loves Park
| Decision Date | 06 May 1964 |
| Docket Number | Gen. No. 11841 |
| Citation | 198 N.E.2d 525,48 Ill.App.2d 191 |
| Parties | Frank LARSON and Thomas P. Burns, and City of Rockford, a Municipal Corporation, Appellees, v. CITY OF LOVES PARK, a Municipal Corporation, Appellant, and Daniel Timmis, Mayor, C. E. Edwards, City Clerk, Marie Lauer, City Treasurer, and Illinois National Bank & Trust Co. of Rockford, a corporation, Appellees. |
| Court | United States Appellate Court of Illinois |
Charles H. Davis, Harold H. Pahlas, Rockford, for appellant.
Berry & Simmons, William Collins, Lawrence J. Ferolie, Rockford, for appellees.
This is a complaint for a declaratory judgment that the Ordinance of the City of Loves Park providing for the refunding of Toll Bridge Revenue Bonds, dated November 26, 1962, is void, that any refunding bonds issued thereunder be declared invalid, that the Mayor, City Clerk and Treasurer of said city be enjoined from issuing bonds under said ordinance, and that the Illinois National Bank & Trust Co. of Rockford, Illinois, be restrained from acting as depositary thereunder.
The complaint was filed January 30, 1963. On February 4, 1963, the Defendant, Loves Park, repealed the ordinance adopted November 26, 1962, providing for the issuance of refunding bonds.
Loves Park with the consent of Rockford enacted an ordinance February 16, 1953, to construct a Toll Bridge across the Rock River from Loves Park to Rockford, the construction costs to be borne from, the proceeds of the sale of Bridge Revenue Bonds pursuant to Chapter 24, Art. 27(a), Illinois Revised Statutes of 1951. The ordinance provided for the issuance of Bridge Revenue Bonds in the amount $1,150,000 with interest at 4 1/4% payable semi-annually commencing August 1, 1954, the last maturity thereof to be February 1, 1993. Tolls were set by Loves Park and at the time of the filing of the complaint herein the bond issue had been reduced to approximately $390,000 from the revenue received from the Toll Bridge.
The parties hereto concur that upon the repeal by Loves Park of the ordinance of November 26, 1962, authorizing the issuance of Refunding Bonds that the question of the invalidity of the Refunding Bridge Bond Ordinance became moot. A reviewing court will normally not consider moot questions. Maywood Park Trotting Association, Inc. v. Illinois Harness Racing Commission, et al., 15 Ill.2d 559, 155 N.E.2d 626.
When the matter came on to hearing, conferences were held between the trial judge and the attorneys wherein the trial judge, in an effort to anticipate the revenue to be received, together with the funds on hand in the depositary, the Illinois National Bank & Trust Co. of Rockford, sought to allocate funds and make distribution for the...
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