City of Charleston v. Johnston
Illinois Supreme Court
Appeal from the County Court of Coles county; the Hon. S. S. Anderson, Judge, presiding. The city council of the city of Charleston having passed an ordinance establishing a drainage district and providing for the construction of a drain therein, as provided in the said ordinance, a petition was filed in the county court of Coles county praying for the assessment of the cost of the improvement, as provided by law, upon the property benefited thereby.
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Appeal from the County Court of Coles county; the Hon. S. S. Anderson, Judge, presiding. The city council of the city of Charleston having passed an ordinance establishing a drainage district and providing for the construction of a drain therein, as provided in the said ordinance, a petition was filed in the county court of Coles county praying for the assessment of the cost of the improvement, as provided by law, upon the property benefited thereby. Commissioners were appointed and an assessment roll returned to the court, to which numerous objections were filed by property owners. Upon a…
1Opinion of the CourtJustice Wilkin
The principal question presented for our decision is, had the municipal authorities of the city power to pass these sections 13 and 14 of the ordinance, so dividing the assessment into ten installments and providing for the issuing of bonds to pay the same? The ordinance was passed under the act of the legislature in force July 1, 1885, which authorized the corporate authorities of cities and villages to construct, maintain and keep in repair drains, ditches, levees, dykes and pumping houses, for drainage purposes, by special assessment upon the property benefited thereby. Section 3 of that…
2Cases cited4 opinions
- Culver v. People ex rel. KocherspergerIllinois Supreme Court · 1896
- Village of Hyde Park v. SpencerIllinois Supreme Court · 1886
- English v. City of DanvilleIllinois Supreme Court · 1894
- Latham v. Village of WilmetteIllinois Supreme Court · 1897
3Cited by4 opinions
- Clinton v. SpencerMichigan Supreme Court · 1930
- City of Chicago v. DegitisIllinois Supreme Court · 1943
- Bartosh v. Board of Osteophatic ExaminersCalifornia Court of Appeal · 1947
- Knudson v. NealIllinois Supreme Court · 1926