Legal Opinion

Ewart v. Village of Western Springs

Illinois Supreme Court

Decided June 17, 1899PublishedCited by 15 opinions

Appeal from the County Court of Cook county; the Hon. R. H. Lovett, Judge, presiding. This is a proceeding, commenced in the county court of Cook county by the appellee, the village of Western Springs, by the filing of its petition therein on June 24, 1897, for the confirmation of a special assessment to pay the cost of constructing a plant for street lighting in that village by electric light, including power house, electric generator engine, poles, electric conductors and…

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Appeal from the County Court of Cook county; the Hon. R. H. Lovett, Judge, presiding. This is a proceeding, commenced in the county court of Cook county by the appellee, the village of Western Springs, by the filing of its petition therein on June 24, 1897, for the confirmation of a special assessment to pay the cost of constructing a plant for street lighting in that village by electric light, including power house, electric generator engine, poles, electric conductors and lamps, and necessary appurtenances. Objections were filed by the appellants to the confirmation of the assessment; a…

1Opinion of the CourtJustice Magruder

First—A general objection is made by the appellants to the effect that the municipality has not the power or authority to make the proposed improvement. More specifically stated, this objection is, that the power to light the village cannot be exercised by way of special assessment. The contention of appellants is, that such an improvement, as the ordinance in this case contemplates, is not a local improvement within the meaning of the constitution and the statute, and that, therefore, its cost cannot be assessed upon the property alleged to be benefited thereby.

In Hughes v. City of Momence,…

2Cases cited7 opinions

  1. City of Chicago v. BlairIllinois Supreme Court · 1894
  2. Steenberg v. People ex rel. KocherspergerIllinois Supreme Court · 1897
  3. Hewes v. GlosIllinois Supreme Court · 1897
  4. Payne v. Village of South SpringfieldIllinois Supreme Court · 1896
  5. Hughes v. City of MomenceIllinois Supreme Court · 1896

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3Cited by15 opinions

  1. Fisher v. City of AstoriaOregon Supreme Court · 1928
  2. City of Waukegan v. DeWolfIllinois Supreme Court · 1913
  3. Irish v. HahnCalifornia Supreme Court · 1929
  4. Northwestern University v. Village of WilmetteIllinois Supreme Court · 1907
  5. Loeffler v. City of ChicagoIllinois Supreme Court · 1910

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