Meltzer v. City of Chicago
Appellate Court of Illinois
Bill in chancery. Appeal from the Circuit Court of Cook county; the Hon. Charles M. Walker, Judge, presiding. Heard in the Branch Appellate Court at the October term, 1908.
1Opinion of the CourtJustice Smith
We are inclined to assent to the proposition advanced by appellants that a municipality cannot declare a thing to be a nuisance which is not so in fact. But it has no bearing upon the facts in this case, for we think a wooden structure such as this roof stand is shown by the evidence to be, within the fire limits of the city, is clearly a nuisance as it stands, and the defendant, city of Chicago, has the clear right, and it is its duty, to abate the nuisance, unless the acts of its officers which have induced the action of the complainants in constructing the building and the seats on the…
2Cases cited4 opinions
- City of Chicago v. StrattonIllinois Supreme Court · 1896
- J. Burton Co. v. City of ChicagoIllinois Supreme Court · 1908
- Seeger v. MuellerIllinois Supreme Court · 1890
- Chicago & Northwestern Railway Co. v. People ex rel. City of ElginIllinois Supreme Court · 1878
3Cited by9 opinions
- Solomon v. City of EvanstonAppellate Court of Illinois · 1975
- City of Idaho Falls v. GrimmettIdaho Supreme Court · 1941
- McCurley v. City of El RenoSupreme Court of Oklahoma · 1929
- Town of Montevallo v. Village School DistrictSupreme Court of Missouri · 1916
- Nolan v. BlackwellWashington Supreme Court · 1923
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