Skyrise Apartments, Inc. v. City of Rockford

The plaintiffs, who are owners of residential apartment buildings containing five or more family units in the city of Rockford, brought an action against the city to recover damages for its failure to collect refuse from their buildings. The total charges claimed amount to $77,609.13, representing the amount paid by the plaintiffs to private scavengers between 1973 and the filing of the complaint in October of 1978. The city moved to dismiss the complaint, which motion was granted by the trial court and this appeal followed.

An ordinance enacted in 1955 provided that refuse was to be collected…