Legal Opinion · Dissent

Feldman v. City of Chicago

Illinois Supreme Court

Decided April 24, 1936No. 22677. Appellate Court reversed; municipal court affirmedPublished

1DissentJustice Wilson

I am unable to concur in the majority opinion. It has been an unbroken rule of law in this State that interest-will not run against a city in a proceeding under the Local Improvement act until after possession taken, and in no event after compensation has been paid. Since no vested right can be acquired in the property without the owner’s consent until compensation is paid, there can be no vested right in the compensation until it is paid. An early case in this court which undertook to define the nature and character of the judgment in a condemnation proceeding brought under the Local…

2Cases cited8 opinions

  1. South Park Commissioners v. DunlevyIllinois Supreme Court · 1878
  2. City of Chicago v. BarbianIllinois Supreme Court · 1875
  3. City of Pekin v. ReynoldsIllinois Supreme Court · 1863
  4. Turk v. City of ChicagoIllinois Supreme Court · 1933
  5. Rieker v. City of DanvilleIllinois Supreme Court · 1903

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