Vandalia Levee & Drainage District v. Hutchins
Illinois Supreme Court
Writ óf Error to the County Court of Eayette county; the Hon. John S. StoneciphER, Judge, presiding. The defendant in error is a drainage district organized under the Eevee act of 1879, (Hurd’s Stat. 1905, p. 775,) and has been a going district since September, 1903. The original estimate of the cost of the improvement was $95,-195, for which an assessment was returned amounting to $95,173.14, and of this amount $88,830.69 was confirmed by the court.
Read the full summary
Writ óf Error to the County Court of Eayette county; the Hon. John S. StoneciphER, Judge, presiding. The defendant in error is a drainage district organized under the Eevee act of 1879, (Hurd’s Stat. 1905, p. 775,) and has been a going district since September, 1903. The original estimate of the cost of the improvement was $95,-195, for which an assessment was returned amounting to $95,173.14, and of this amount $88,830.69 was confirmed by the court. Certain assessments have been reduced by the court and certain of the original assessments are still in litigation. The record shows that…
1Opinion of the CourtJustice Carter
The three drainage commissioners own, respectively, 900, 600 and 120 acres of land in the district, all of which, as we understand the record, was assessed both in the original and second assessments. Under a recent decision of this court these commissioners, being land owners in the district whose lands were subject to assessment, were incompetent to make such assessment. (Drainage District v. Smith, 233 Ill. 417.) The reasoning of the following authorities tends to support the conclusion reached in that case: Chase v. City of Evanston, 172 Ill. 403; Murr v. City of Naperville, 210 id. 371;…
2Cases cited6 opinions
- Steuart v. Mayor of BaltimoreCourt of Appeals of Maryland · 1855
- Commissioners of Union Drainage District No. 1 v. SmithIllinois Supreme Court · 1908
- Winkelmann v. Moredock & Ivy Landing Drainage DistrictIllinois Supreme Court · 1897
- Scott v. People ex rel. LewisIllinois Supreme Court · 1887
- Commissioners of Fountain Head Drainage District v. WrightIllinois Supreme Court · 1907
1 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Forest Preserve District v. KercherIllinois Supreme Court · 1946
- Stahl v. Board of SupervisorsSupreme Court of Iowa · 1920
- Board of County Com'rs of Lincoln County v. RobertsonSupreme Court of Oklahoma · 1913
- Spring Creek Drainage District v. Elgin, Joliet & Eastern Railway Co.Illinois Supreme Court · 1911
- Vandalia Levee & Drainage District v. Vandalia RailroadIllinois Supreme Court · 1910
8 more not listed; retrieve them via the Exa API.